Subaru has a settlement in place now for its cracked windshield lawsuit. See what Forester, Outback, Ascent, and Legacy owners will receive under the proposed settlement.
Subaru of America has settled its cracked windshield lawsuit for the owners of 1.4 million vehicles. According to Top Class Actions, Subaru of America agreed to settle the lawsuit with the owners of the 2019-2022 Forester, 2019-2022 Ascent vehicles, 2020-2022 Outback, and 2020-2022 Legacy vehicles.
Before I give you the proposed settlement details, here is information on the history of the Subaru cracked windshield lawsuit. I started covering the lawsuit more than four years ago. Several lawsuits were consolidated into one class action lawsuit.
According to the lawsuit, "defects cause minor chips in the glass to spread across the windshield." Subaru argued that the windshields met all federal safety regulations. While the plaintiffs complained that dealerships wouldn't cover the cost of windshield repairs under warranty, Subaru argued that the warranty didn't cover such damage.
The class action lawsuit also alleged Subaru knew about the windshield problems because dealers were issued technical service bulletin (TSB) 12-192-15R.
According to the plaintiffs, replacing the windshield is useless because Subaru uses the same defective windshields as replacements. In addition, the class action lawsuit alleged that repairing or replacing the windshield affects Subaru's EyeSight driver asset safety technology. Recalibrating the safety system is an additional cost.
Drivers whose vehicles are included in the windshield defect class action chose their vehicle because it offered the EyeSight safety feature. "So having the technology rendered useless by the windshield defect poses financial injury to drivers."
Four Years Of Litigation
After four years of litigation, 13 depositions, tens of thousands of pages of discovery documents, subpoenas, and more involving a projected class of owners, former owners, and lessees are getting windshield replacements and refunds under the proposed settlement.
There were originally 16 named plaintiffs in the Subaru lawsuit, but only four were involved by settlement time. Subaru of America denies all wrongdoing and denies the windshields are defective. A report from CarComplaints says, "The automaker says it decided to settle the lawsuit to end the expensive and time-consuming litigation."
Here is What Subaru Of America Agreed To:
1. Subaru agreed to an extended warranty of eight years or 100,000 miles and a one-time windshield replacement as part of a class action settlement submitted for preliminary approval in the U.S. District Court for the District of New Jersey.
2. The agreement says, "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."
3. The settlement also calls for reimbursement of documented prior windshield replacements with proof of a qualifying windshield crack. Subaru customers will only be reimbursed if damage was caused by residual windshield stress, not any other cause.
4. The cracked windshield settlement says there is a process Forester, Outback, Ascent, and Legacy 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."
Subaru Has A New Process For Manufacturing The Defective Windshields
5. The settlement agreement says, "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."
What Should Customers Do?
Subaru Forester, Outback, Ascent, or Legacy must know that though the parties have agreed to settle the cracked windshield class action lawsuit, a federal judge must still grant preliminary and final approval to the terms before anything is official. Stay tuned to my reports for more updates on the Subaru defective windshield lawsuit.
NOW IT'S YOUR TURN
Do you drive a Subaru Forester, Outback, Ascent, or Legacy model and experienced windshield cracking? If so, click the red Add New Comment link below and let us know.
Thanks for reading, everyone. I hope you enjoyed this Subaru cracked windshield lawsuit settlement story. See you tomorrow for my latest Subaru Report.
Before you go, check out my recent story on There's A Perfect Storm Brewing At Subaru, which is also featured in a TN YouTube video.
I am Denis Flierl, a top Torque News and Subaru reporter since 2012. I’ve invested over 30 years in the automotive industry in a consulting role, working with every major car brand. I am an experienced Rocky Mountain Automotive Press member. You'll find my expert Subaru analysis here. Follow me on my The Dirty Subaru website, Dirty Subaru blog, X SubaruReport, All Subaru, WRXSTI, @DenisFlierl, Facebook, and Instagram.
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Photo credit: Subaru
I have had two windshields…
I have had two windshields replaced and a third one plugged. The car has 32000 miles on it. Any little ping seems to end up as a large crack.
I have a 2021 Subaru…
I have a 2021 Subaru Forester. I have a cracked winshield that started in the black stripe along the bottom of the windshield. No known damage just a small crack appeared and of course living in a colder state, it quickly spread across windshield.
Hi, we have 2020 Subaru…
Hi, we have 2020 Subaru Outback Limited.
It is for Subaru Canada too?
Thank you for let me know.
Have a nice day
Marcel
Hello I want to know how I…
Hello
I want to know how I can join a suit on the front windshield. My son had his toe on the windshield and it cracked from one side to the next. I have asked Subaru to replace the windshield of my 2022 Outback and they will not, even though the car was still
under warranty. What can I do as this is not right?
When you make your claim,…
When you make your claim, don't mention your son's toe.
Even though his toe touching the windshield should not cause a crack, they can blame your son's toe. After all, your windshield crack would have started spontaneously a couple months later anyway, so don't feel shame when you deny that anything touch the windshield.
I have a small crack in my…
I have a small crack in my windshield on my 2021 Subaru Outback Limited XT .
This happened to our 2022…
This happened to our 2022 Outback, small rock from a Tesla on a highway in CA. Creates giant crack that made no sense. Faulty windshield now makes sense.
I have a 2020 Subaru…
I have a 2020 Subaru forester Sport this has been the second time my windshield has cracked.
We have 2 2018 Outbacks &…
We have 2 2018 Outbacks & have replaced 3-4 winshields. We knew they were defective & Subaru kept saying no it was hit by a rock. One cracked in my garage. How in the heck are we going 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." ?? Sounds like Subaru will still win & we still are out money.
We own a forester 2021 that…
We own a forester 2021 that sustained a small rock chip in the windshield which traveled across the windshield in less than and hour. We have glass insurance with a $100 deductible' but we live in and area that's over 3 hours from business that can install and realign the eye site. It took awhile but I finally had to get it replaced.
I just want my deductible…
I just want my deductible payment of $500 reimbursed to me. Safelite replaced the windshield and recalibrated the Eyesight mechanism.
State Farm paid the rest.
I recently got a small chip…
I recently got a small chip I'm my windshield on the far right side of the windshield. A few days later a Crack developed and has spread half way across my windshield. I have to have a clear windshield to transfer my clients in my car ...I am a caregiver.
I had a 2014 Forester that…
I had a 2014 Forester that had 2 windshield replacements. My 2020 has had 1. I worked for an insurance company in 2021 and we had a more than normal amount of Subaru claims for cracked windshields. We had a day where 3 Foresters were called in for cracked windshields.
I've replaced my windshield…
I've replaced my windshield twice within 6 months of each incident. I drive a 2022 Subaru Outback and it has 35,ooo miles on it.
I just had to replace the…
I just had to replace the windshield of my Subaru last week. It cracked out of the blue, no reason for that. Is it there something I should do?? Thank you
Our 2020 Outback has a…
Our 2020 Outback has a windshield crack that started at the top in the middle by the black dots behind the rear view mirror and continues to lengthen and curl in the middle portion of the windshield. We do not recall anything hitting the windshield that would cause damage.
I own a 2022 Ascent touring…
I own a 2022 Ascent touring with 33,000 miles and just saw a chip right behind the rear view mirror. What can I do to submit this to Subaru in order to replace?
I have replaced 2…
I have replaced 2 windshields and had a windshield ding repaired on my 2022 Outback, all of which occurred during regular daily driving. These windshields cost $1000 each to replace with the calibration required for the eyesight tech. When I bought the car, they offered me some kind of windshield replacement insurance, which I scoffed at as some sort of ridiculous unneeded insurance designed to make me pay even more for the vehicle, seeing as how I'd only had to replace 2 windshields total in my previous 35 years of driving. I feel like this is an indicator that they knew there was something wrong with the windshields. If I knew then what I know now, I'd have RUN away from the dealership. I hate this boring nanny mobile and all its ridiculous beeping and lack of pep and pretty much everything about it. It is mediocrity made into a product. The windshield problem is just par for the course. I would like to know what my next steps are for getting something out of this settlement though. It's not enough, but I'll take what I can from them.
I have a 2021 Onyx XT…
I have a 2021 Onyx XT Outback and has crack on the windshield, Subau dealer asks $2300 to replace it.
I have a 2017 Forester so…
I have a 2017 Forester so not sure I technically apply under this settlement, but I have this exact issue. Woke up one morning, went out to my car and the windshield had a crack in it. Attempted to get it replaced under our warranty paid for specifically to replace the windshield and a few phone calls and one hour drive later learned that they would not replace the windshield. Their reason? They only cover it if the damage occurred while driving. Total scam.
I took my 2015 Outback to…
I took my 2015 Outback to Subaru and they denied that it was their problem. I had the windshield replaced by a shop recommended by Subaru. I paid for it.
I'm happy to see this is…
I'm happy to see this is finally coming to light. While they're not mentioned in this specific lawsuit, I had this issue with a 2016 Crosstrek where I had to replace the windshield twice due to very minimal chips that spread across the entire windshield within minutes. (One from me smacking a mosquito and accidentally hitting the glass with my wedding ring...yeah really....)
But my 2020 Outback's windshield cracked within the first 6 months due to a chip I didn't even notice. ie: It was fine when I parked at a mall and when I returned an hour later there was a crack all the way across. And yeah, with the Eyesight Calibration that was an expensive replacement. Fortunately after the first Crosstrek replacement I added windshield coverage to my insurance policy.
In comparison, I have a 1993 Chevy Silverado with 270,000 miles that's had a chip in the windshield for probably 25 years. Never filled with epoxy, never spread.
Subaru Outback 2018. I've…
Subaru Outback 2018. I've had three cracks in this windshield over the last two years. They were all due to flying gravel/rock chips, but the windshield seems to crack easily before I can get the chip plugged. My dealer recommended Crystal Fusion insurance, so at least I can get the windshield replaced whenever this happens, but my other non-Subaru cars never had this problem, living and driving in the same situations.
Our windshield developed a…
Our windshield developed a chip and then proceeded to split the whole width before we finished our vacation. Our dealership used our windshield coverage to cover the cost. We purchased the coverage at the time we bought the car.
2018 Outback - I've had 3…
2018 Outback - I've had 3 windshields crack! All from small rock chips. Fortunately my dealer recommended Crystal Fusion insurance, so I get free replacements, but the inconvenience factor is still there. My other non-Subaru cars never had a windshield crack despite living and driving in the same conditions.
hrm. we had a crack that…
hrm.
we had a crack that formed overnight after 2 years of ownership, and 35000 miles, no chips.
just a cold night, and the crack started on the edge of the windshield, after a few days it was 1/4 of the way across the window.
we took it to the dealer, documented the issue and mileage (which now seems pointless). the original service advisor just sat on it, and we went back at 38000 miles, the crack had spread to half the windshield. that service advisor was no longer employed (wonder why), the service manager agreed the damage was not caused by a rock chip, and after a week of Subaru regional rep considering it, they decided to replace it.
never once did our eyesight go out.
I gotta wonder though, if this does become a thing, did we just have our '1 free windshield' done?
anyway, after having had 8 Subaru vehicles between myself and my wife, ranging back to 2004, my 2015 WRX had perpetual issues with the AC, and my wife's outback wilderness has been mostly great. The windshield, plus my AC issues, and then you read about RTV sealant issues, and other things. well, Subaru used to be a great buy for quality. seems their growth has put a damper on that. I've already switched my WRX for a Toyota. I suspect when it comes time to replace the wife's car, it won't be a Subaru.
I had the same windshield…
I had the same windshield stress issue with my 2016 Subaru Outback with eyesight feature during 2017. A pebble fractured the windshield at eye level in front of the driver and within 2 days the fracture/crack extended to the passenger side of the vehicle. Vehicle had approx. 20,000 miles and Subaru would not honor any warranty.
2019 Subaru Ascent, window…
2019 Subaru Ascent, window cracked and was replaced August of 202. Cost $1,180.92.