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.
You Might Also Like: Can Your Subaru Windshield Shatter On Its Own? New Forester And Outback Owners Say Yes
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
WOW.. the same thing just
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In reply to I just went to pick up my by Tom Steepy (not verified)
WOW.. the same thing just happened to me on 2/27/21..BUT I do love my outback!!! I live in Maine and the temperature was 34 degrees yesterday.
I own a 2019 Outback. My
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I own a 2019 Outback. My windshield just cracked with a 9" crack yesterday in a parking lot with no trees or rocks in sight. So weird and it also has 2 chips in the windshield as well. I NEVER had a windshield ever crack and I have owned cars for 40 years.. I am Appalled at this!!!!
We just bought a '21 Outback
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We just bought a '21 Outback and within three months we noticed a crack in the windshield. We are stunned by all the comments in this thread and it really sounds like this is a common problem. Subaru should do the right thing. We bought a Subaru because we didn't want problems. Now we have one.
My Subaru dealership is
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In reply to We just bought a '21 Outback by David M (not verified)
My Subaru dealership is replacing today for
Free!
Have a 2020 outback bought in
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Have a 2020 outback bought in December, 2019. September of 2020 I came out one morning and there was a crack that had spread from the passenger side. Had it replaced this past month (February), 2 weeks later a crack coming up from under the wiper on the passenger side. Dealer, of course, sees a point of impact. Super small, I came out after work one afternoon and the crack was there, 10 inches. Not even any time to get a chip fixed because it spread. Dealer is no help. I'm extremely frustrated with the cost and the lack of help from the dealer. I'll never buy another Subaru.
Wow. I am amazed to read all
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Wow. I am amazed to read all these post. I have a 2019 Outback and love it. While just sitting in the car while parked, my daughter, thought something fell from the sky and cracked the windshield. We all looked around and nothing. I took the car 45 miles back to the dealer for windshield replacement $1,100 with 500 insurance deductible and now one week later while sitting in my garage another crack (under the wipers) has emerged for no apparent reason. I'll be driving back to the dealer this Friday for another 4 to 5 hour wait for another windshield and hoping my dealer recognizes this known problem. Unfortunately, I did not purchase the windshield insurance but hoping I can purchase it now. My Insurance provider and my family is in disbelief this has happened again within a week. I wish I would have researched better before purchasing the vehicle.
My 2019 Subaru outback front
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My 2019 Subaru outback front windshield cracked for no apparent reason today 3.25.21. I never heard anything hit the window. after doing some research, looks like it is common issues for our Subaru car. disappointed.
On 5/15/21 I was driving my
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On 5/15/21 I was driving my 2019 Subaru Forester on a paved road in Maine and all of a sudden my windshield started to crack started out to be 4 in and now it's over 2 ft, the day it cracked I called the dealership here in Auburn Maine and they stated that they do not cover windshields nothing hit my windshield there's no chip in the windshield it started on the driver side right by the edge of the windshield and cracked at least halfway across my windshield. I would like to submit my name in the class action suit if that is possible Subaru should be held responsible for defects that they are well aware of
How do I get put on a list.
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How do I get put on a list. Mine just cracked also.
I’ve owned three Subaru’s a
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I’ve owned three Subaru’s a 2012 legacy. I had to replace the windshield twice on that one and I paid out of pocket since it was before the birds eye tech. I then leased a cross trek and my windshield cracked 2 weeks into leasing it. I pad the 100 dollar deductible and had it replaced. My insurance went up. Then a year later it happened again. I recently turned that car in and had to get the replacement before doing so. I purchased a 2021 forester sport and have had it less than a month and yesterday it chipped and by the end of the day it spidered across the windshield. They need to do better by their customers. I’m gonna have to claim this on my insurance once again!
I’ve owned three Subaru’s a
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I’ve owned three Subaru’s a 2012 legacy. I had to replace the windshield twice on that one and I paid out of pocket since it was before the birds eye tech. I then leased a cross trek and my windshield cracked 2 weeks into leasing it. I pad the 100 dollar deductible and had it replaced. My insurance went up. Then a year later it happened again. I recently turned that car in and had to get the replacement before doing so. I purchased a 2021 forester sport and have had it less than a month and yesterday it chipped and by the end of the day it spidered across the windshield. They need to do better by their customers. I’m gonna have to claim this on my insurance once again!
Have replaced three
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Have replaced three windshields on 2018 Subaru Outback. Have paid $100.00 deductible each time. I am concerned insurance company might consider this excessive and raise my rates. How do I join this lawsuit that I just learned about or talk to someone about these windshields.
My windsheild on my 2020
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My windsheild on my 2020 legacy was hit by small rock near bottom. Crack appeared bout 6 inches complete covers the whole windshield. Had it changed by glass company recommended by dealership used OEM subaru windshield 2 days later cracked again.
First windshield cracked and
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First windshield cracked and spread for no apparent reason. Got it replaced with suburu recommended windshield and calibrated by suburu. It’s been about a month and now cracked again. This is frustrating as hell. Expensive. Have a 2019 forester. Suburu, step up and accept responsibility.
I have a 2018 Outback. I
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I have a 2018 Outback. I bought it new. I've had to replace my windshield twice and now it is cracked again. That would be 4 total windshield and I dont even have 60,000 miles yet. I guess it is time to trade. I have never experienced so many problems with windshields in 45 years of driving. Flawed for sure.
I bought a 2022 Outback and
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I bought a 2022 Outback and on the third day with less than 100 miles the windshield cracked from the bottom up and making a half an arc about 9 ". No apparent reason.
Same here, while driving I
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Same here, while driving I notice a large crack in the windshield. That is after we saw another minor crack. Subaru Outback 2020 has no more than a year, not even a year, and two cracks already. I own a Toyota Corolla, we drove it from Virginia to California. Ask me how many cracks on the windshield it has since we bought it 13 years ago.. ZERO!!!
Rear view mirror fell off,
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Rear view mirror fell off, during normal use, and the back of the mount still had windshield glass attached to it!
Purchased a 2021 Crosstrek 3
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Purchased a 2021 Crosstrek 3 weeks ago. Three chips already. Paid 140.00 to have one repaired today.
My 2019 Subaru Forester has
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My 2019 Subaru Forester has 22,000 miles & 2 days ago I heard a pop & then I noticed a 6-7” gash in my windshield on the left side around the left windshield wiper. Can I join this class action suit? They want me to file a claim with my insurance. I paid $6500 for an extended warranty, the glass with the technology in it, it is supposed to be a part of the car. I’m very angry!
I knew it! This is going
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I knew it! This is going back to a new 2012 Legacy with a Heated Windshield; that's the problem: a cold wet windshield on the outside meets a heat element imbedded in the windshield as soon as the defrost and the wipers are turned on. SNAP and an instant crack along the entire lower portion. Subaru denied and I paid for a new one. The way they treated me made me hate the car and the dealership.
2019 Ascent. Several fine
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2019 Ascent. Several fine horizontal cracks 6"-24" appeared on the lower part of the driver's side windshield. You can just feel them on the inside. Is this what folks are talking about with cracked windshields?
The driver's side window on
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The driver's side window on my 2020 Forrester exploded for no reason the other day. There were no cars nearby that could have thrown a rock. There were two people in the car so we can validate what we saw. There were no cracks in the window before this happened. Has this happened to anyone else?
These are some fragile
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These are some fragile windshields, I've owned a number of cars and not once did I have a windshield crack after a tiny pebble hit my car. I just noticed a decent sized crack on the bottom of wrx sti's passenger side windshield when I entered my garage (so I always look at that area daily.) This would be the second crack, as I placed some DIY windshield repair/resin on the first crack about a year ago. I did take it to the dealership for maintenance today though but there is a collision mark from a pebble. I didn't hear any sound while driving today, so Im not sure if it had occured at the dealership (washing car?) but either way these windshields are garbage!!
I subaru impreza 2018 today
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I subaru impreza 2018 today is had crack again for the second time in 4 years.always happend in the driveway.
I subaru impreza 2018 today
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I subaru impreza 2018 today is had crack again for the second time in 4 years.always happend in the driveway.
We sold our 2020 Outback two
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We sold our 2020 Outback two months ago because the windshield had cracked 3 times and figured something was wrong with that particular vehicle. It was replaced with a 2022 outback. The car is 2 months old and the windshield just cracked. This is the fourth Subaru cracked windshield we've experienced in 3 years.
Fourth cracked windshield in
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Fourth cracked windshield in three years. Three on a 2020 outback and just now on a 2022 outback. We were driving last night a heard a small (tiny) pebble hit the windshield and sure enough in the AM the crack was there. If the windshields are cracking more than other brands something needs to be done otherwise the only solution is not to drive the car.
I have a 2022 Outback
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I have a 2022 Outback Wilderness. While in the driveway with the defroster on I heard a small pop and a crack started in the lower center in the windshield and has grown the the past few days. I just came from the dealer and was told it was from an impact. A replacement is over 1200.00 after having the cameras calibrated. At this rate I'll be putting 2 windshields a year in.
My last Subaru 2005 I put 300,00+ miles on without replacing a windshield.
And so it goes on. The
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And so it goes on. The windshield of my 2022 Crosstrek developed a crack from the bottom of the window on the driver's side for not apparent reason, while sitting in my garage, one month after purchase. Waiting to hear what dealer has to say.
Pagination