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.
New data from the IIHS says it will cost more than you think to replace your new model Subaru windshield. Check out the report here https://t.co/l2uvIyhzJu #subaru #eyesight @torquenewsauto pic.twitter.com/ljfUzixuZT
— Denis Flierl (@DenisFlierl) February 16, 2023
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."
There is a new ruling in the Subaru defective windshield lawsuit. See what it means for new Forester, Outback, Crosstrek, Impreza, Legacy, and Ascent owners. https://t.co/iFDNqGSCRL #subaru #subaruwindshieldlawsuit @torquenewsauto pic.twitter.com/UdOsshn3HG
— Subaru Report (@SubaruReport) January 2, 2021
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
Comments
I just had my second…
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I just had my second windshield crack in my 2020 outback. I replaced the first windshield when a small rock chip caused a crack across the driver side of the windshield. At the time the service person said if you get a chip in the defroster portion of the windshield it will crack across the windshield. I had a $1000 deductible and had to pay the approximately $1200 for the repair with eye sight callibration because Subaru would not negotiate a lower rate with my insurance company and the insurance company would not pay more than $780 or something like that. So then after hearing the service person say how these cracks will happen I finally got extra coverage for windshield replacement. However, my rates will go up per my insurance rep from reporting these claims. This week I sustained another crack from what appears to be a small rock chip in the defroster area of the windshield. I called subaru to ask if I could talk to someone about this problem because I know there have been lawsuits on earlier models. I did not know at the time that 2020 models also had a lawsuit. So I spoke with subaru customer advocate who will tell me what they can do for me once the subaru service person has diagnosed my vehicle which is happening at the same time as the repair this coming Monday. So I guess I will take pictures in case I need to pursue something but the windshield needs replaced for safety. I think the windshields are defective and I would like to be reimbursed the cost of the first windshield and the cost of this second replacement. I had a 2005 outback for 15 years and I know I had a rock chip or two on the windhield here and there and never had a crack from any of those. I don't even hear the rocks that cause the chips in this 2020. All of a sudden there is just a very long crack appearing and it gets bigger and bigger. I would think I would hear the rock that caused a crack in the windshield. Otherwise what will happen if there was an accident and something really big hit my windshield. That would be catastrophic.
2022 Ascent. Windshield…
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2022 Ascent. Windshield cracked. Contacted dealership and customer advocacy they both claim to know nothing of this settlement. Please let me know if and when this settlement is finalized. Thank you.
I own a 2022 Outback Touring…
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I own a 2022 Outback Touring edition. I purchased it new from my local dealer.
Today when I drove out of my garage and onto the road, there was a high-pitched sound and my windshield cracked for about 8" on the passenger side. Nothing hit my windshield and there were no other cars on the road. I will be calling my dealer in the morning to find out what to do next.
I have replaced my…
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I have replaced my windshield three times now and like many others, am just now reading about lawsuits against Subaru for faulty windshields on certain years. I have found several complaints for 2019 Outbacks for windshield cracking multiple times, but the suit information started at year 2020. Why was 2019 not included? What can I do to get compensation for this issue? It is getting extremely expensive and sounds like a common occurrence. Certainly makes me think twice about purchasing another Subaru.
I have a 2017 Forester with…
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I have a 2017 Forester with a cracked windshield. It started with a small crack on the passenger side and soon exspanded to the middle of the windshield.
I don't know what caused it.
Two times my 2021 Subaru…
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Two times my 2021 Subaru Forester has suffered spontaneous windshield cracks...the first when the car was a year old and the second just recently. No impact injury to the windshield. I had to call Subaru Customer Service to get them to pay half the cost of the first windshield replacement and will go back to them now with this article in hand.
My 2021 Subaru Outback…
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My 2021 Subaru Outback developed a crack. When I parked it, there was no crack. The next morning there was a small crack on the windshield edge. Every day it grows and now covers half the windshield in a wave shape. There is no impact point. It must be defective glass or something.
My 2020 Ascent received a…
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My 2020 Ascent received a minor chip from a large dump truck carrying cinders while driving in Florida last January. It was very minor and I believed that the placement of the chip was not interfering with any sightline in the windshield. Very recently, the local daytime temperatures have been very high and I happened to park my Ascent outdoors at an airport during a week traveling. Upon my return, I discovered my winshield had cracked almost half the way across the width of the shield. I contacted a local Subaru Dealer and was told that there was no recall on 2020 Subaru Ascent windshields, and that the total repair would be in excess of $1,300. to replace it. What should I do to obtain a partial or full repair by Subaru??
20222 Outback, we have owned…
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20222 Outback, we have owned since new with no accidents. Going on windshield number 5. All 5 from stress cracks and not impact damage, Safelite has warrantied 1 and will be warrantying number 2 shortly. All OEM Subaru Glass. Car will be sold once windshield number 5 is installed.
I bought a new 2022…
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I bought a new 2022 Forrester. 3 months ago I was sitting in my car with the A/C on and a slow single crack from the bottom corner up to the top of the windsheild appeared .
I was unaware of this…
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I was unaware of this lawsuit till today. I've had 3 windshield replacements since 2019 for my 2019 subaru forester. Each cost 1200.00 plus due to the realignment of the eyesight safety system. Although I love my forester, this has been a pain and such a costly problem.
I have a 2019 Subaru Outback…
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I have a 2019 Subaru Outback. My first cracked windshield occurred in May 2020. I had it replaced. They did not use a windshield from Subaru and then it would not recalibrate. So they had to order a windshield from Subaru.
My second cracked windshield was in 2022. I had that one replaced too.
I currently have a chip in my windshield which I need to have replaced. I go to Safelite and my insurance covers it, except for my $50 deductible. So, I will have had to replace three windshields. I did not know about this problem.
Before my Outback, I had a 2001 Mazda and sold in 2019. I never had a cracked windshield.
This is still happening with…
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This is still happening with 2024. My son has a 2024 crosstrek bought on October 2023 and has now had 2 cracked windshields and I have a 2024 outback wilderness bought in June 2024 and already have had one.
We have a 2021 Outback with…
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We have a 2021 Outback with 27,700miles. Our windshield just cracked for the third time. This last one it wasn't cracked when my husband parked the car and the next morning there is a crack across the whole windshield. We couldn't believe it! Subaru has to do something!
I own and drive a 2019…
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I own and drive a 2019 Subaru Legacy and a windscreen crack appeared on the driver’s side (right side) in the lower part of the windscreen.
It conforms to exactly where the litigants in the law suit against Subaru said they experienced their windscreen cracks.
What is a reprehensive annoyance is the way in which Subaru Canada completely denied any knowledge or professional response and empathy to my enquires.
Subaru’s technical team in the first law suit in court has acknowledged the issue.
I'm on my 4th windshield…
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I'm on my 4th windshield.
Within the last few months, I've had 2 cracks in the windshield. Had them plugged. Trying not to replace another windshield.
I have a 2019 Subaru Acent Touring.
2023 Subaru Ascent - I'm on…
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2023 Subaru Ascent - I'm on my third windshield. The first one was replaced by Subaru due to a large rock hitting it resulting in an unrepairable crack. The second windshield that had to be replaced was due to the seal between the two glasses of the windshield separating creating what looked like mini cracks over the whole windshield. It was only apparent at night when it's raining and when cars approached with their lights on. Luckily I had a video to prove the defect. Luckily since it was under warranty from the first replacement the Subaru dealer replaced at no charge. But now, less than 8 months later, it is happening again. I plan to get another video and have them replace it.
Has anyone else ever had the seal break in their windshield before? The dealer seems to know the problem as soon as they saw the video. This is frustrating. I also have a few small nicks in the window. I feel the manufacturer windshield are prone to nicks/chips and cracks. Is it poor quality and cheap materials? Very frustrating and time consuming to have them replaced even if I haven't had to pay out of pocket so far.
Hi, My ‘22 Outback…
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Hi, My ‘22 Outback windshield was replaced 6 months ago. Today, it cracked again…
Last time Subaru replaced it for free. Said it was a stress crack. This time, I literally hit some sand in the road. My husband was with me. I told him I hoped it didn’t crack my windshield. He commented, “No way.” It cracked. It’s Sunday, tomorrow begins the fight with Subaru. It cracked in exactly the same place!
Hi, My ‘22 Outback…
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Hi, My ‘22 Outback windshield was replaced 6 months ago. Today, it cracked again…
Last time Subaru replaced it for free. Said it was a stress crack. This time, I literally hit some sand in the road. My husband was with me. I told him I hoped it didn’t crack my windshield. He commented, “No way.” It cracked. It’s Sunday, tomorrow begins the fight with Subaru. It cracked in exactly the same place!
Our 2022 Subaru Outback…
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Our 2022 Subaru Outback Premium was sitting in the garage fine one day but after driving 2-miles to and from another location (in town max 30MPH), we noticed the windshield had a 10-inch crack that appears to have started from the base of the windshield close to the center and is moving up and across the windshield.
My 2020 Subaru Ascent…
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My 2020 Subaru Ascent windshield cracked while backing out and turning the wheel. It cracked at the base of the driver side windshield. I feel like I chose the wrong car because I'm seeing nothing but issues and complaints about the Ascent. I purchased it for a safety reason living in MT and driving around my family in inclement weather.
Pagination