Subaru vs Toyota Lemon Law Problems: What California Owners Report

Published October 19, 2026 · Updated October 19, 2026 · California lemon law

Which has more lemon law problems in California, Subaru or Toyota?

Side-by-Side Comparison

What California Subaru Owners Report

California owners of 2019 to 2027 model year Subarus filed 805 NHTSA complaints between 2021 and 2026. The top problem area was lights, cameras and visibility, with 282 complaints. That is an unusual leader. For most brands in this data, the electrical system or the engine comes first.

The electrical system was second for Subaru with 178 complaints. After that, the numbers drop sharply: the engine had 59, the transmission and powertrain 32, and collision warning and driver-assist systems 26.

The Outback led Subaru's models with 323 complaints, about 40 percent of the brand's total. The Forester had 192, the Ascent 103, the Crosstrek 86 and the Impreza 42. Subaru's list is almost all wagons and SUVs, which matches what the brand sells most.

Subaru also has a distinct geography. San Jose led with 39 complaints, followed by San Diego (32), San Francisco (25), Los Angeles (24) and Sacramento (14). Two Bay Area cities ranked first and third, and Los Angeles ranked only fourth, which is rare among the brands in this data.

• Lights, cameras and visibility: 282 complaints
• Electrical system: 178 complaints
• Engine: 59 complaints
• Transmission and powertrain: 32 complaints
• Collision warning and driver-assist systems: 26 complaints

What California Toyota Owners Report

Over the same model years and filing window, Toyota owners in California filed 1,644 NHTSA complaints. Toyota's top five areas were the engine (223), airbags (198), the transmission and powertrain (188), the electrical system (167) and brakes (145).

Visibility does not appear in Toyota's top five at all, while it leads Subaru's list. And the engine, which tops Toyota's list, ranks third for Subaru with far fewer complaints. The two brands' owners are reporting different kinds of problems.

The RAV4, Toyota's most-reported model with 265 complaints, competes directly with the Forester and Outback. The Highlander (192) competes with the Ascent. The Corolla (181), Camry (160) and Tundra (134) completed Toyota's list.

Toyota's city list looks more like most brands', with Los Angeles on top. Los Angeles had 70, San Diego 51, Sacramento 38, San Jose 33 and Fresno 23. If you are a Bay Area driver choosing between a Forester and a RAV4, both brands have many owners filing reports near you.

Raw totals need context. Toyota has about twice as many California complaints as Subaru, but Toyota also sells more vehicles across more model lines, including sedans and pickups that Subaru does not offer. A larger fleet naturally produces more reports. The totals do not rank either brand.

When a Visibility Problem Is a Safety Defect

The lights, cameras and visibility category can include headlights that are dim or fail, a cracked or distorting windshield, wipers or defrosters that do not work, mirrors, and backup or front cameras that go dark. For a car with camera-based driver aids, a camera problem can also affect safety systems.

The lemon law does not name particular parts or systems. It asks whether a warranty defect substantially impairs use, value or safety and was not fixed after a reasonable number of attempts (Civil Code 1793.2(d)(2)).

Within 18 months or 18,000 miles, the law presumes a reasonable number of attempts after 2 repairs of a defect likely to cause death or serious injury (Civil Code 1793.22(b)). Headlights that fail at night or a windshield that blocks the driver's view can raise that question. A cosmetic issue would more likely follow the 4-attempt or 30-day paths.

Visibility problems are often easy to document. Take photos or video of the problem, such as a dark camera screen or a cracked windshield, with the date showing. Bring those to the dealer and ask that the repair order describe the problem in plain words.

Small Claims or a Lemon Law Claim?

Some owners with a visibility problem, like a windshield that keeps cracking, wonder whether small claims court is the simpler route. In California, individuals can sue for up to $12,500 in small claims, and lawyers do not represent the parties at the hearing.

Small claims can work for a one-time out-of-pocket cost, like a repair the dealer refused to cover. It is a different tool from a lemon law claim. A lemon law case can seek a buyback or replacement, and if you win, the manufacturer pays your attorney fees, costs and expenses (Civil Code 1794(d)).

If the manufacturer's failure to fix the vehicle is willful, a court can also award a civil penalty of up to two times actual damages (Civil Code 1794(c)). Those remedies are not the same as what a small claims judgment provides.

Before you file anything, get a free case review. An attorney can tell you whether your repair history supports a lemon law claim and whether a small claims case would limit your options.

Lemon law claims are also $0 out of pocket for you, because of the fee rule above. Many owners choose small claims only after learning their problem does not fit the lemon law, not before.

Example: An Outback With Headlights That Keep Failing

What follows is a hypothetical, not a real client. Hannah bought a new Outback in San Jose. At 5,500 miles, the low-beam headlights began flickering and sometimes shut off on dark roads, and a warning appeared for the driver-assist cameras.

The dealer replaced a headlight bulb on the first visit. On the second, it replaced a headlight assembly. On the third, it found a wiring connector issue and repaired it, keeping the car for 8 days. Two weeks later, the lights cut out again on a highway at night.

Hannah kept every repair order and recorded a short video of the flickering lights. She checked the NHTSA recall site for her VIN and sent a written notice to Subaru of America, Inc. as her owner's manual described.

At her free case review, the attorney focused on whether headlights that shut off at night are a defect likely to cause serious injury, which could make 2 repairs enough. The attorney also confirmed that all repairs were within 18 months and noted the mileage at the first visit for the offset calculation. Hannah kept making her loan payments.

Hannah's videos turned out to be some of the most useful evidence in her file. The dealer could not always reproduce the flicker during the day, but the clips showed exactly what happened on a dark road, with the date and time visible. A Forester or RAV4 owner with a similar problem could build the same kind of record with nothing more than a phone mounted on the dashboard.

Claims Against Subaru of America and Toyota Motor Sales

For a Subaru, the company usually named in a California lemon law claim is Subaru of America, Inc. Toyota claims usually name Toyota Motor Sales, U.S.A., Inc. Both brands use franchised dealers for warranty repairs, so dealer repair orders are your main evidence.

For manufacturers that opted in, the 2025 rules add pre-lawsuit written notice, early document exchange and mediation steps for many claims (Code of Civil Procedure 871.20). Your attorney can tell you whether those steps apply. Subaru and Toyota owners follow the same process; only the company name on the paperwork changes.

If you get a buyback, restitution covers the price paid or payable, including sales tax and registration fees, plus incidental costs, minus a mileage offset based on the miles before the first repair visit for the problem. The manufacturer will also need to brand the title as a lemon law buyback before reselling the car (Civil Code 1793.23).

As a rule, warranty claims must be brought within four years (Commercial Code 2725). Talk to an attorney early if your car is near the end of its warranty.

You also choose the remedy. The law lets the buyer pick a refund instead of a replacement vehicle (Civil Code 1793.2(d)(2)), so you do not have to accept another Outback or RAV4 if you would rather move on.

Documents to Gather and Next Steps

Gather your paperwork before the review. For visibility problems, photos and videos are especially useful, because they show what the driver actually saw.

Your loan or lease payments should continue throughout the claim. If the vehicle is unsafe to drive at night, avoid night driving when you can and tell the dealer exactly why.

Write a short log each time the problem happens: the date, the time of day, the mileage, the weather and what you saw. Visibility problems often depend on conditions like rain, fog or darkness, and a log helps the dealer try to reproduce them.

If the dealer could not find anything wrong, ask for a repair order anyway. A visit that ends with no repair still shows you brought the car in for the problem. Report safety problems to NHTSA as well, and save the confirmation for your file.

• Purchase or lease contract
• Each repair order tied to this problem, sorted by date
• Photos or video of the problem with dates
• Written notice to Subaru of America, Inc. or Toyota Motor Sales, U.S.A., Inc.
• Rental and towing receipts
• Any recall repair orders for your VIN

Signs Your Subaru May Qualify

• Your Subaru has been in for the lights, cameras and visibility 2 or more times and it is a safety issue
• The same Subaru problem has been repaired 4 or more times
• Your Subaru has been out of service more than 30 days for warranty repairs
• You own a Subaru Outback and the problem keeps coming back

Signs Your Toyota May Qualify

• Your Toyota has been in for the engine 2 or more times and it is a safety issue
• The same Toyota problem has been repaired 4 or more times
• Your Toyota has been out of service more than 30 days for warranty repairs
• You own a Toyota RAV4 and the problem keeps coming back

Key Facts (as of October 2026)

• Complaint counts are California owner reports to NHTSA for 2019 to 2027 model years, filed 2021 to 2026. They are not verified defects and are not adjusted for sales.
• The two brands' top problem areas differ: Subaru owners report the lights, cameras and visibility most, Toyota owners the engine.
• For either brand, a reasonable number of repair attempts is presumed within 18 months or 18,000 miles after 2 tries for a serious safety defect, 4 tries for the same defect, or more than 30 days in the shop (Civil Code 1793.22(b)).

Talk It Through With a Lemon Law Attorney

Every case is different. Our attorneys, listed in firm order: #1 Jacob Shayesteh (founding attorney), #2 Armig Khodanian and #3 Kamau Edwards, will look at your repair history and tell you which option fits. 5.0 stars on Google from 77 reviews (October 2026). You pay $0, win or lose.

What Our Clients Say on Google

“I am so impressed by how fast his team worked. They didn't just handle my case; they fought for me. From the very first phone call, the communication was great, and they kept me updated through every single step of the process.”

Avi K. · 2024 McLaren Artura · 5-star Google review

“He explained my rights under California's lemon law, took over all communication with Hyundai, and got my case resolved fast.”

Gil C. · 2024 Hyundai Palisade · 5-star Google review

“Even after multiple PCM software updates and the service center telling me it was just 'adaptive learning,' the car was still lunging and hesitating at highway speeds. I paid no out-of-pocket legal fees because the law requires the manufacturer to pay them.”

Nathaniel H. · 2023 Ford · 5-star Google review

Read all 78 reviews on Google (5.0 stars, October 2026). Reviews describe past clients' experiences; every case is different.

FAQ

Is it harder to win a lemon law case against Subaru or Toyota?

The law is the same for both. What matters is the defect, how many times it was repaired, how long the car was in the shop, and the paperwork.

What do California Subaru owners complain about most?

In NHTSA complaints from California owners, the top areas are the lights, cameras and visibility, electrical system and engine. The most complaints were for the Subaru Outback, Subaru Forester and Subaru Ascent.

What do California Toyota owners complain about most?

In NHTSA complaints from California owners, the top areas are the engine, airbags and transmission and powertrain. The most complaints were for the Toyota RAV4, Toyota Highlander and Toyota Corolla.

Sources and Official References

• NHTSA recall lookup by VIN
• NHTSA, report a vehicle safety problem
• California Civil Code section 1793.22 (California Legislature)
• California Civil Code section 1794 (California Legislature)
• California Courts, small claims

Laws change. This page reflects California law as of October 2026 and was reviewed by Jacob Shayesteh, Esq.

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Attorney advertising. Wynn Law Group, APC, 10850 Wilshire Blvd, Suite 1010, Los Angeles, CA 90024. General information, not legal advice. Results vary. Prior results do not guarantee a similar outcome.