— A Subaru cracked windshield lawsuit settlement has been reached for owners and lessees of these models.
- 2019-2022 Subaru Ascent
- 2019-2022 Subaru Forester
- 2020-2022 Subaru Legacy
- 2020-2022 Subaru Outback
The Subaru cracked windshield class action lawsuit has went on for more than four years after several lawsuits were consolidated into one class action lawsuit.
Subaru denies all wrongdoing and denies the windshields are defective. The automaker says it decided to settle the lawsuit to put an end to the expensive and time consuming litigation.
The class action originally had 16 named plaintiffs, but by settlement time only four plaintiffs were involved.
According to the cracked windshield lawsuit, defects cause minor chips in the glass to spread across the windshield.
Subaru argues the windshields meet all federal safety regulations, and while the plaintiffs complained dealerships wouldn't cover the cost of windshield repairs under warranty, Subaru argued the warranty doesn't cover such damage.
The class action lawsuit also alleges Subaru has known about the alleged windshield problems because dealers were issued technical service bulletin (TSB) 12-192-15R.
However, Subaru points out the TSB doesn't include the same vehicles as named in the class action.
Subaru also asserts the windshields are different based on the vehicle model, and different windshield manufacturers supplied the windshield, meaning all those different windshields cannot be defective.
According to the plaintiffs, replacing the windshield is useless because Subaru uses the same defective windshields as replacements. In addition, the class action lawsuit alleges a safety feature called Subaru EyeSight is affected by repairing or replacing the windshield.
Subaru Cracked Windshield Lawsuit Settlement
Though the parties have agreed to settle the cracked windshield class action lawsuit, a federal judge must still grant preliminary approval and final approval to the terms before anything is official.
Subaru Windshield Extended Warranty
Subaru has agreed to extend its warranty to cover "qualifying cracks" of the windshields for a period of 8 years or 100,000 miles, whichever occurs first, from the date the vehicle first went into service.
The Subaru cracked windshield extended warranty is limited to a one-time replacement of the windshield. Once replacement occurs, this will end the extended warranty as it expires once the windshield has been replaced.
According to the settlement agreement:
"The new windshield will be 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."
Subaru dealers will also recalibrate the Eyesight driver assistance system.
Subaru Cracked Windshield Reimbursement
Under the class action lawsuit settlement, Subaru agrees to reimburse former and current owners and lessees of the above vehicles for unreimbursed out-of-pocket expenses for replacing or repairing windshields that suffered damage due to "alleged residual stress."
Subaru customers will be reimbursed only in the case of damage caused by residual windshield stress, and not from any other cause. In other words, a Subaru customer must provide proof the cracked windshield is a "qualifying crack."
The settlement says there is a process owners must go through to "prove that their loss was caused by the alleged defect as opposed to impact damage that would have caused a cracked windshield regardless of any alleged defect."
The settlement agreement says the four Subaru owners who sued expect to receive $5,000 each, and the attorneys representing those plaintiffs expect to receive $7.2 million.
The Subaru cracked windshield class action lawsuit was filed in the U.S. District Court for the District of New Jersey: Powell, et al., v. Subaru of America, Inc.
The plaintiffs are represented by Muhic Law LLC, Berger Montague PC, and Wade Kilpela Slade LLP.
