The defective windshield class-action lawsuit against Subaru of America will now include 2.5 million vehicles in the U.S. and could cost the Camden, N.J automaker millions. According to court documents obtained from Court Listener, a New Jersey Judge has ruled against Subaru in the cracked windshield lawsuit this week and denied Subaru's motion to dismiss part of the case.
The lawsuit filed last year on behalf of Christine Powell, represented by Attorneys Christopher Moon and Kevin Moon, Moon Law APC, contends 2017-19 Forester and Outback models have "dangerous" windshields that are prone to "cracking, chipping and otherwise breaking." Torque News reported in February that the lawsuit added 15 new plaintiffs to the case.
In March, Subaru asked the Court to dismiss the case stating the plaintiffs have never owned the model years they say have the same defective windshields. Because of the N.J. Judge's ruling this week, the case now includes 2017-2020 Subaru Forester, Outback, Crosstrek, Impreza, Legacy, and 2019-2020 Subaru Ascent models.
The court documents filed on November 24 states, "The Court finds that…while defendants (Subaru of America) point out several elements of plaintiffs' CAC that could perhaps be clearer, the Court finds that plaintiffs' allegations against defendants are specific enough to enable them to provide a good-faith response. The Court will deny the defendant's motion for a more definite statement, and the Court will deny in part defendants' motions to dismiss."
Is there a Subaru windshield recall?
The lawsuit against Subaru alleges the automaker knew about the issue due to the "tremendous volume of complaints lodged by consumers but continues to hide its information from the public and denies that any defect exists." There has been no recall issued for the Forester, Outback, Crosstrek, Ascent, or Legacy defective windshield problem.
The ruling allows the consumers to sue over vehicle models they have not owned or leased. It now includes 2017-2020 Subaru Forester, Outback, Crosstrek, Impreza, Legacy, and 2019-2020 Subaru Ascent models. If the plaintiffs win the case, The Court will likely require Subaru to replace windshields if owners can prove they cracked for no reason.
What should owners do now?
Owners are responsible for replacing a windshield now. With labor costs and recalibrating the vehicles' EyeSight driver assist technology, replacing a Forester, Outback, Crosstrek, or Ascent windshield could be $1,000 or more.
What should owners do if they have a cracked windshield for no apparent reason? If you own a 2017-2020 Subaru Forester, Outback, Crosstrek, Impreza, Legacy, or 2019-2020 Subaru Ascent model, you can file a complaint with the NHTSA or call 1-888-327-4236. Torque News will give updates on the outcome of the cracked windshield lawsuit.
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Denis Flierl has invested over 30 years in the automotive industry in a consulting role working with every major car brand. He is an accredited member of the Rocky Mountain Automotive Press. Check out Subaru Report where he covers all of the Japanese automaker's models. More stories can be found on the Torque News Subaru page. Follow Denis on Facebook, Twitter, and Instagram.
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Comments
2020 Forester sitting in
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In reply to 2015 Outback windshield by Barbara England (not verified)
2020 Forester sitting in drive way for three days. Wife went out to go to work and windshield was cracked from the center top down about 7 inches and started over to drivers side 6 inches. No apparent reason. Nothing touched the windshield. Was told it is not covered by warranty. WHY?????
My wife purchased a 2019…
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In reply to 2015 Outback windshield by Barbara England (not verified)
My wife purchased a 2019 Subaru crosstrek used, and the windshield cracked for no apparent reason last winter, in the lower left hand corner. My wife passed away last October and now I own the car. I would after reading all the problems with the windshields on Subaru models if a recall decision has been made. In the mean time I am reporting this to transport Canada as a safety problem which it is. We have had many different cars over the years but never saw windshields crack like this one did.
I have an 11’ outback with a
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I have an 11’ outback with a chipped windshield and I feel like Subaru should step up, and recall all vehicles with the chipped or cracked windshields.
I have a 2019 and two of my
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I have a 2019 and two of my windshields have cracked and my 3rd has one now. After my 2nd my insurance called and questioned me and told me if I have another my insurance will go up.
replaced my 2019 Forester
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replaced my 2019 Forester twice in less than 2 months. This windshield has lasted longer but I am very careful.
"The ruling allows the
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"The ruling allows the consumers to sue over vehicle models they have not owned or leased. It now includes 2017-2020 Subaru Forester, Outback, Crosstrek, Impreza, Legacy, and 2019-2020 Subaru Ascent models"
WTF? ......So according to this ANYONE that has NOT owned a Subaru can sue?!?!
Seriously who write these dumbass stories?
Our windshield cracked on
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Our windshield cracked on both the passenger side and driver side at the same time. We have a 2019 outback, and when we took it to the dealer they claimed the damage was done by rocks. The fact that we could not see a rock impact and both cracks happened at almost the same area on different sides of the window made me investigate it further. I called Subaru of America and after several phone calls and negotiations they agreed to pay for a replacement. I am worried that it will happen again and wish that Subaru would just admit they have a problem and replace all the windows.
Just got back from Safelite
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Just got back from Safelite after replacing our2020 Outback windshield that broke last Friday
Proving that a windshield was
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Proving that a windshield was cracked for no reason is like Trump telling Biden to prove that none of his 80m votes was fraudulently obtained.
I got a leased Subaru
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I got a leased Subaru Crosstrek 2019 and had to replace the windshield within a few months. A small chip spread quickly into a large crack. Got it replaced by an outside company (not Subaru), paid a $350 deductible and it hasn't chipped since. Not surprised to hear about this recall.
It seemed like a stiff breeze
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It seemed like a stiff breeze and leaf could chip the windshield. Have 1 2016 VW Tiguan same roads same mileage as my 2018 WRX no chips, WRX has 3, even 2010 Scion has little damage.
Eyesight is nice but an expensive calibration expense. Interested in out come
2 years ago I rented a 2017
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2 years ago I rented a 2017 Outback from Hertz @Sky Harbor airport. I noticed a crack under the windshield wiper on drivers side. I notified Hertz by phone and requested a case # Good thing i did while driving on I-75 the windshield spidered and a large crack developed going left to right. Hertz was notified and 2 months later I received a bill in the mail from Hertz requesting $250.00. Upon calling Hertz and giving them the case # I subsequently received a letter stating I do not owe anything. Moral of the story check your windshield especially under the wipers
My 2012 Forester cracked the
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My 2012 Forester cracked the first time in below 32 degree weather with a huge sound and crack across the whole window. I replaced it twice for the same reason. Each time Subaru Long Island said something had struck the windshield but there was no evidence of that. Finally I told Safelight to increase the bedding compound and have not had any problem in the last 5 years even though I live in Montana now with much colder weather.
I have a 2014 Forrester and
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I have a 2014 Forrester and now have second windshield in that is cracked and also the moon roof is cracked
2016 Forrester. 3 small
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2016 Forrester. 3 small windshield chips and hopefully still counting. None are growing/spidering...yet. Last one, two days ago was 100% understandable - loud impact from a rock/something heavy. It will most likely cause the replacement. Though first two were not heavy impacts. After 50 years of driving I've never experienced chipping from low impacts like this auto. Interesting to say the least.
I love my 2020 Outback XT,
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I love my 2020 Outback XT, third one since 1999. My brother in law bought a 2020 Forester and the engines used to have problems, but overall the vehicles are great! Both of our Subies had cracked windshields within about a month of ownership, so there’s something about the quality of the glass. Mine was covered under the platinum warranty, and he paid $100 deductible for insurance.
I have a 2017 Outback. The
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I have a 2017 Outback. The windshield just cracked while driving with nothing actually happening. When I took the car to the service center, they convinced me that something might have hit the car. I had no other way to explain against it so kept quite and got the windshield replaced.
I have an Ascent 2020 I
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I have an Ascent 2020 I bought in 2019 love the car fantastic car fast and fun to drive this new window thing brings some concern especially when the salesman drove the point constantly about getting the extra insurance to cover the glass replacement with calibration so I got the extra warranty for four replacement now I think it's worth it.
Has anybody heard anything about squeaky noise coming from the rear suspension? Almost as if something is loose when you turn or go through corners.
I just purchased a 2020
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I just purchased a 2020 outback in Aug and it already has a cracked windsheild. I never heard anything hit the window. I park the in my garage and got in the next morning to go to work and the windsheild was cracked. It would be nice if subaru stood behind their vehicles and corrected the problem.
2019 Crosstrek had windshield
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2019 Crosstrek had windshield replaced twice less than a year. Less than 5,000 miles! Small and I mean small pebbles WILL crack these windshields very easily. So frustrated I plan on getting rid of this car. Eyesight feature is great but not at this cost. At this rate I will be replacing windshields every oil change!
we bought new 2021 forester
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In reply to 2019 Crosstrek had windshield by James Anthanas (not verified)
we bought new 2021 forester inlate aug has approx 3,000 miles a bug yes a bug hit our windshield drivers side lower corner small chip before we drove aprox 15 miles it started cracking had severial runners took to safelight said windshield has to be replaced i ask before we bought the car if this problem had been fixed I was assured it had been we have looked forward to getting a new forester for severial years but know might think we made a mistake goung to contact subaru today from what iv read it will be like asking a brick wall
Brand new Impreza 2020 -
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Brand new Impreza 2020 - cracked windshield while sitting in the driveway. Nothing ever hit the windshield, even though Subaru claims it was a rock. I'm extremely disappointed that I purchased this car.
Just found dual cracks
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Just found dual cracks starting from right passenger side under wiper heating area when we vacationed in 20 degree area of N Washington over the Holidays in 2015 Outback. It is obvious that the windshield is inherently fragile from all the reports, but more importantly, it is the feature of the heated area of the front windshield (which I think is uncommon) is the true cause of the issue. The heaters are most likely causing the different glass/resin materials to heat up too quickly in cold temperatures and causing stress from the different coefficient of expansions along with possible chemical attack from the materials used in the glass and heater. Definitely seems like a recall situation that they are avoiding possibly because so many insurance companies seem to cover replacement with deductibles. Will find out position from Seattle dealer soon.
2020 forester had 2
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2020 forester had 2 windshields replacements from small pebble rocks on 45 mph roads. Twice in less than 3 weeks apart. Cheap cheap glass low quality! Was expecting higher standards from this company. Is there anyway I’m able to do? To be heard about this
I am experiencing the same
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In reply to 2020 forester had 2 by Abe (not verified)
I am experiencing the same issue with a 2020 Forester. I've had it for roughly 4 months and driven less than 3000 km. Last weekend the windshield cracked from the top edge, over the passenger side EyeSight camera, half-way down the windshield, before turning towards the drivers side and cracking horizontally. The windshield cracked while making a left-hand turn at city driving speeds on a smooth paved surface. We have been experiencing big changes in temperatures from day to day.
The dealer service department took pictures of the crack and contacted Subaru. Subaru stated that they would not replace the glass under their stress crack policy, insisting that something must have damaged the glass.
I've examined the crack with my calipers and can't find an area along its length where something larger than 0.5 mm could possibly have hit it. Very frustrated with this experience. I am concerned I will continue to have issue like you are encountering, and at an approximate OEM replacement cost of $2000CAD for parts and service, I'm wondering if an aftermarket product is a better bet from a durability perspective.
2020 forestor sport, garage
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2020 forestor sport, garage kept. No crack last night, spontaneous crack halfway across the windshield this morning. Temps are not even could enough for this problem to come up.
Our 2017 Outback windshield
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Our 2017 Outback windshield has had to be replaced two times since we’ve owned it (we purchased it in 2018 from the Subaru dealer) - Both from small pebbles hitting it on the road. We have had many cars (currently 5 drivers in our household) and none of our other cars have ever had to have one replaced from a rock hitting it. This is crazy!! The first time it cost us $1000 out of pocket (thank you I-Sight and 1k deductible), and now hopefully Insurance will cover it (lowered comprehensive ded). This isn’t right— we love Subaru vehicles and own two but this changes things.
My 2020 Subaru Forester front
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My 2020 Subaru Forester front windshield cracked for no apparent reason. I thought a flying debris hit the windshield but there was no marked of it.
I have plan to schedule windshield replacement in the next few days.
I hope Subaru America will issue a recall so that I will be eligible for refund.
Thanks
Regards,
Subaru Service Dept in
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In reply to My 2020 Subaru Forester front by Alice N DelaFuente (not verified)
Subaru Service Dept in Emerson NJ said windshield replacement is not covered even if I have extended warranty.
I just went to pick up my
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I just went to pick up my brand new 2021 Outback tonight. As the Salesman was walking us thru the vehicle controls during the deliver process, I looked up and noticed the windshield had a single 12" long crack in it. I immediately told the salesman and he said that he had never seen a cracked windshield appear for no reason just sitting in their asking lot. We not even driven the vehicle yet! The odometer showed 7.9 miles on the vehicle, which means it never even had anyone test drive it, because the dealer showroom is 1.5 miles away from their car storage lot. So we left without even taking delivery of the vehicle we had just bought!
Pagination