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Doubtful.
Sounds like the classic "my brakes didn't work that's why I rear ended you"
In fact here in the states you will get a moving violation of "inadequate brakes" if that happens. I suspect to prevent people just claiming their brakes failed.
I would say props to Subaru for coming out and what seems a thorough test of your vehicle.
Maybe have a private talk with your lady. Honesty is the most fundamental element in a relationship.
Good luck.
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