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
I have a 2019 crosstrek
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I have a 2019 crosstrek purchased new. I seen a crack migrate from the center of the windshield, botton on top of the heating element. Steve from the desler said, here's your impact spot, after I cleaned the dirt off what he thought was impact, from a rock, he continues to follow the crack with his.pen and said, hers another spot exactly where the wipers sit. So he said it happened when the wipers were on. I feel if it were completely blocked from debris hitting it, he would have said I was driving with the hood up. This guy was reaching for any excuse he could find. There is no impact spots on this glass. This is a subaru problem and they need to step up and do admit it.
Cracked windshield on 2021
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Cracked windshield on 2021 Forester less than 4k miles. Wife drove it on interstate for the first time Ever and on her way to the destination she barely heard a rock hit window and there was a small crack. Then on the way back the same thing happened and sure enough another crack. She said she has had rocks hit the window in other cars and even sounded louder than what she heard. But somehow even the smallest pebbles will crack Subaru windows so remember that before you buy a new Subaru.
2020 Forester touring:
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2020 Forester touring: Small stone hit windshield created 3mm damage & was repaired...shortly after diagonal fracture appeared on upper corner of passenger side front windshield and rapidly grew to center of windshield. No stone damage is present and does not contact the repaired area! Seem to be unrelated. Hope Subaru steps up to the plate and does the right thing! MOST DISAPPOINTING!
My Impreza windshield has
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My Impreza windshield has cracked three times this year alone. Any small pebble will crack the flimsy eyesight glass. I bought insurance for my 2019 but it is fast running out!! Very disappointed would not have gotten eyesight if I had known
I'm soooo angry!!! We
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In reply to My Impreza windshield has by Caroline Coulon (not verified)
I'm soooo angry!!! We purchased our 2022 subaru outback a year ago. We just had our 3rd cracked windshield. When my husband talked to the subaru dealership they said they had never heard of people having problems with their windshield cracking. THEY WERE LITERALLY SUED OVER IT!
I talked to national Subaru
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In reply to I'm soooo angry!!! We by Laura Walter (not verified)
I talked to national Subaru and gave them an estimate for windshield repair, they contacted the dealership and completely paid for it. I think they know there is a problem and want me to stay quiet
Bought a used 2020 Outback
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Bought a used 2020 Outback from a Subaru dealer 6 mos ago. Windshield cracked this week for no apparent reason. I asked the dealer for the vehicle records. The windshield was replaced 3 times on this car! This will be the 4th windshield that cracked on this vehicle for no apparent reason! This needs to be a class action suit to get better windshields finally installed free (including calibration)!
I have a 2021 Outback. I’ve
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I have a 2021 Outback. I’ve had 2 windshields replaced so far. The 2nd crack occurred just 31 days after the 1st replacement. Both times there was no apparent reason for it. Just a popping noise then instantly cracks on passenger side. Starts in black area along the side of windshield and travels toward center. Local dealer says “not their problem” they say “all defective windshields are identified by serial number and mine isn’t on the list” I’ll tell you what, Subaru is on my list and it’s not the good list.
I contacted nation Subaru and
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In reply to I have a 2021 Outback. I’ve by Jeananne Williams (not verified)
I contacted nation Subaru and stated my 4 cracks , they where excellent in contacting the dealership and they paid for my new windshield outright! I was very happy with national Subaru. Honestly I think they know there is a big problem. Just google Texas lawsuit for same issues
My husband has a 2019 Subaru
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My husband has a 2019 Subaru Forester with around 45k miles. He came out of work the other day and seen a significant crack in his windshield. There were not any rocks that hit him during his drive in, and he can't see how any damage could have occurred while being parked at work. The crack was a hairline crack, with no sign of any impact at all. Upon researching this issue we came across this forum and others discussing the issues Subaru's have. It's beyond crazy that Subaru has yet to take responsibility for the newer models as well. My husband had the windshield replaced by a third party and we decided not to file with insurance, as we don't want our future rates effected. We paid $1200! It's insane. I'm now car shopping and had been planning on purchasing a Subaru, but have since changed my mind. We're definitely filing a report with NHTSA or callling 1-888-327-4236.
I have a '20 Legacy, My
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I have a '20 Legacy, My windshield cracked a second time within 1 year. Dealership said a rock hit it...it didn't. Cost me $700. It happened again two days ago...I'm at end of lease...done with Subaru!! I'm going down fighting on this one! You can actually see how thin the glass is!!
2018 Subaru Legacy 3.6R,
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2018 Subaru Legacy 3.6R, windshield cracked within a week of getting it out of the dealership. Now having issues with the media center acting up.
Our 2015 Forester was parked
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Our 2015 Forester was parked in lot and when we returned from shopping the windshield had cracked from the bottom on the passenger side. There is no signs of being hit by a rock, and there is no chip in the windshield it just appeared under the wiperblade and extents about 10" up from the bottom of the windshield.
I drive a blue 2019 Subaru
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I drive a blue 2019 Subaru Legacy which I love and I have followed Subaru's company philosophy as to their manufacturing and customer satisfaction standards.
A few days while driving, a crack appeared on the mid left driver side of my front windscreen which requires a complete change of the windscreen. My car is under extended warranty and Subaru has said that they will not cover the cost.
I only recently learnt of the extent of this problem with thousands of Subaru owners and three law suits against Subaru, two pending and one already settled in favor of the plaintiffs against Subaru.
Subaru technicians have confirmed the defective windshield as below:
/The class-action lawsuit alleges the Subaru vehicles have defective windshields that may crack in the windshield's lower region. The cracks were allegedly due to the deicer creating a condition that makes the glass susceptible to cracking after a minor strike to the glass, such as the stone's impact.
Subaru sent technical service bulletin (TSB) 12-192-15R) in October 2016 concerning cracked windshields in 2015-2016 Outback and Legacy models and determined "Many of these failures to be the ceramic materials used for the black-colored printed perimeter combined with the silver-colored material used for the wiper deicer portion of the windshield glass."
Subaru of America is involved in two more defective windshield lawsuits. The second was filed in October 2019 by a Wisconsin woman seeking damages against Subaru for the drivers of 2017-2019 Subaru Forester, Outback, and Crosstrek models alleged to have defective windshields.
The third class-action lawsuit against Subaru of America was filed in California filed on behalf of consumers who purchased or leased 2017-2019 Subaru Forester, 2017-2019 Subaru Outback, and 2017-2019 Subaru Legacy models. The second and third lawsuits are still pending an outcome by the courts. You can read the Torque News latest report here./
It is simply unprofessional on Subaru's part and a violation of the trust that Subaru owners like myself have in the company especially with regard to the court's findings on the first lawsuit brought against Subaru settled in favor of the plaintiffs.
Confirmed by Subaru Technicians: "Many of these failures to be the ceramic materials used for the black-colored printed perimeter combined with the silver-colored material used for the wiper deicer portion of the windshield glass."
Had I known of this problem before, it would have factored in my purchasing decisions and I may have purchased a different model of Subaru that does not exhibit this worrying tendency.
This morning i walked out to
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This morning i walked out to the front door to put away something in my garage and i noticed a long crack on my windshield..this crack was not on the windshield yesterday. We had a storm in our area last night with no hail but some loud thunder and lightning..wondering if anyone has seen this before??
These windshield problems
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These windshield problems continue. My 2022 Outback has had 2 cracked windshields in 9 months. Yes, a pebble did hit the windshield, but I've been driving for 55 years...little rocks are a daily problem, but they used to just leave a small 'PIT', now they crack...fast and long. and ruin all the special crap the car 'sees". Replacements run $1400 for windshield and calibration. RIPOFF
I had a 2015 outback and the…
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I had a 2015 outback and the windshield cracked 3 times from pits. I bought a 2021 outback and got a pit about a month ago, replaced the windshield 2 weeks ago. Driving I heard a loud pop and the new windshield cracked from the bottom up; 4 days later parked in a lot and the crack continued sideways. It looks like the windshield is pretty thin if you look at the crack.
I think subaru windshields are defective.
My 2020 Outback premium is…
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My 2020 Outback premium is now needing a 2nd windshield. First time I was in Scripps Medical parking lot, all of a sudden windshield starting cracking , divers side july 2021.
Now July 20th in UCSD parking lot bottom floor windshield starting cracking on passenger side, No apparent reason.
400k plus on my 99 outback replaced windshield once due to pitting only. Several other probs with car. Dealers/Service dept talk down me. I get a new
Severice person, last one no longer wks at dealer. This is my 4th Subaru and I've NEVER had problems like this.
Subaru of AMERICA is suppose to call, me back. I call daily. I'm told John will call you today. Hasn't happened. They use to be Sooo good. Not a Happy Lady at All!
Pagination