Subaru Windshield Settlement Given Preliminary Approval; Reimbursements, Extended Warranty Available

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A United States magistrate judge has granted preliminary approval to a Subaru windshield settlement that covers roughly 1.4 million vehicles sold nationwide, setting eligible drivers up to receive reimbursement for out-of-pocket costs spent on replacing or fixing allegedly defective windshields.

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The Subaru windshield settlement received preliminary approval from U.S. Magistrate Judge Matthew J. Skahill in New Jersey on October 3, 2024, and covers all United States residents who bought or leased a 2019-2022 Subaru Ascent, 2019-2022 Subaru Forester, 2020-2022 Subaru Legacy, or 2020-2022 Subaru Outback. 

The Subaru settlement will provide eligible class members two forms of relief for the alleged windshield defect, court documents share. 

First, eligible Subaru drivers can submit a claim form to recover between 100 percent and 200 percent of out-of-pocket expenses incurred as a result of having to repair or replace the windshield on an eligible Subaru vehicle due to the alleged defect, depending on the number of repairs and “the proof they can produce to accompany their claims,” court documents state. This group includes Subaru drivers who can produce proof that they in fact incurred a qualifying repair cost and photos confirming the damage to their windshield (Tier 1 class members), and those who can produce proof of costs but do not have a photo of the windshield damage, court documents state (Tier 2 class members).

Tier 1 class members are eligible to recover at least 125 percent of their out-of-pocket costs through the Subaru settlement, without limit. Drivers in Tier 2 will recover up to 100 percent of their out-of-pocket costs, subject to a conditional class-wide $2 million limit, “upon completion of a photo questionnaire designed to verify their claim.” 

The second form of relief from the Subaru windshield settlement is an extended warranty for all class members, even those who do not qualify for reimbursement, for eight years or 100,000 miles, whichever occurs first, to cover all parts and costs associated with a one-time replacement of a windshield with the alleged defect, performed by an authorized Subaru dealer. 

A final approval hearing for the Subaru windshield settlement is slated for April 21, 2025. It is typically after a class action settlement receives final approval from the court, and any appeals or objections are resolved, that reimbursements, rebates and/or compensation begins to go out to class members who filed timely, valid claims.

The initial lawsuit against Subaru, filed in October 2019, alleged that the windshields at issue could spontaneously crack, chip or otherwise break, and that the alleged defect prevented the safe operation of the automaker’s EyeSight Driver Assist Technology. The case was consolidated with two similar Subaru windshield lawsuits in January 2020. 

Subaru drivers who are eligible to participate in the windshield settlement will begin to receive class action notices within 75 days of October 3, the date the deal received preliminary approval. 

The parties submitted to the court a motion for preliminary settlement approval on April 12, 2024. 

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