in Newswire Published on November 4, 2019

Allegedly Defective Subaru Windshields Spark Class Action Lawsuit in New Jersey [UPDATE]

Last Updated on October 8, 2024

Powell v. Subaru of America, Inc.

Filed: October 18, 2019 ◆§ 1:19-cv-19114

The windshields of 2017-2019 Subaru Forester and Outback vehicles can spontaneously crack, chip, or otherwise break, a class action lawsuit claims.

Defendant(s)

Subaru of America, Inc.

Law(s)

State(s)

New Jersey

October 7, 2024 – Subaru Windshield Settlement Okayed by Court

The Subaru windshield settlement detailed below received preliminary approval from the court on October 3, 2024, paving the way for drivers to receive reimbursement and extended warranty coverage related to the alleged windshield defect.

Read ClassAction.org’s write-up about the Subaru windshield settlement.

May 7, 2024 – Subaru Agrees to Settle Cracked Windshield Lawsuit

Subaru has agreed to settle the proposed windshield-cracking class action lawsuit detailed on this page.

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The proposed deal, if preliminarily approved by the court, will cover anyone in the United States who purchased or leased the following vehicles:

2019-2022 Subaru Ascent;
2019-2022 Subaru Forester;
2020-2022 Subaru Legacy; and
2020-2022 Subaru Outback.

According to a brief submitted to the court on April 12, 2024, class members who file a valid, timely claim can receive reimbursement for the money they spent out of pocket to repair or replace a cracked Subaru windshield.

Claims can be submitted online when the official settlement website goes live.

ClassAction.org will update this page if and when the deal receives preliminary approval from the court, and when the official settlement website goes live, so be sure to check back often.

To qualify for reimbursement, covered drivers must submit proof that they paid for repairs or replacements after their windshield experienced a “qualifying crack,” i.e., a crack “caused by the alleged defect as opposed to impact damage that would have caused a cracked windshield regardless of any alleged defect.”

Eligible consumers who submit proof of the repair expense and a photograph demonstrating that their windshield suffered a qualifying crack can receive reimbursement for 125 percent of the costs they incurred. Class members who had their windshields repaired two or three times can submit the same documentation to receive 150 and 200 percent reimbursement, respectively.

Class members who do not have photographic proof of the damage suffered to their windshields can recoup 100 percent of the repair costs they spent by completing a “claims form photo questionnaire.” Claimants will be asked to select a photo that most closely resembles the windshield damage they experienced. If the picture they choose depicts a qualifying crack, they may be eligible for reimbursement.

Under the proposed settlement, Subaru will also extend its warranty to cover “qualifying cracks” in the vehicles listed above for eight years or 100,000 miles, whichever occurs first. This extended warranty coverage provides one free windshield replacement, swapping the old component for one “manufactured with a revised process that substantially reduces the likelihood of a crack/damage occurring to a windshield from a minor impact and residual stress,” and includes calibration of the Subaru EyeSight driver assist system, the brief says.

According to court documents, the proposed settlement class covers present and former owners and lessees of roughly 1.4 million Subaru vehicles.

Are you owed unclaimed settlement money? Check out our class action rebates page full of open class action settlements.

Subaru of America is on the receiving end of a proposed class action lawsuit that alleges the windshields on certain 2017-2019 models can spontaneously crack, chip or otherwise break without warning. According to the 30-page case out of New Jersey federal court, replacement windshields provided by Subaru suffer from the same alleged defect and pose an equally dangerous and imminent safety risk to drivers and passengers.

The lawsuit highlights that a compromised Subaru windshield prevents the safe operation of the automaker’s “EyeSight Driver Assist Technology,” a system the company calls “the culmination of everything Subaru engineers know about safety.” Subaru’s EyeSight system, the suit says, “monitors traffic movement, optimizes cruise control,” and provides a warning in the event a driver swerves outside of their lane. Per the lawsuit, Subaru drivers who experience a defective windshield must bear not only the cost of replacement but also the “substantial additional expense” of getting their vehicle’s EyeSight system recalibrated.

As the complaint tells it, Subaru received a “tremendous volume of complaints” regarding the windshield defect yet has “concealed its knowledge from the public.” To date, the lawsuit claims, Subaru continues to deny the existence of the supposed windshield defect and has forced to consumers to bear costs and expenses stemming from the problem. The plaintiff, who says the windshield of her 2018 Forester cracked suddenly after a few months of ownership and then cracked again months after being replaced, asserts that the filing of the complaint comes in response to Subaru’s inaction.

“Plaintiff and numerous putative class members have complained to Defendant but [Subaru] has refused to accept liability, thereby necessitating the filing of this class action,” the lawsuit reads.

The plaintiff demands that Subaru accept responsibility for replacing damaged windshields under its new vehicle warranty at no charge, reimburse consumers for losses stemming from the apparent defect and offer to buy back affected cars.

Included in the proposed class are nationwide owners and lessees of 2017-2019 Subaru Forester and Outback vehicles, as well as consumers who formerly owned or leased either of the cars and incurred damages stemming from the alleged windshield defect. The case’s filing preceded that of a lawsuit brought in Illinois over similar allegations regarding the windshields of certain Honda CR-V models.

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