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Subaru Cracked Windshield Lawsuit Update - Warranty Claims Are Dismissed

The Subaru cracked windshield lawsuit is updated. See what it means for new Subaru Forester, Outback, Crosstrek, Impreza, Legacy, and Ascent models.

New information in the Subaru defective windshield lawsuit covers the 2017-2020 Subaru Forester, Outback, Crosstrek, Impreza, Legacy, and 2019-2020 Subaru Ascent models. In November, Torque News reported the defective windshield class-action lawsuit against Subaru of America included 2.5 million vehicles in the U.S. covering the Subaru models listed above.

According to records obtained from Justia US Law, a court ruling has also granted in part and denied in part Subaru of America's motion to dismiss. Christine Powell, represented by Attorneys Carlson Lynch, LeVan Law Group, Moon Law APC, and Freed Kanner London & Millen, contends the Subaru models have "defective and dangerous" windshields that are prone to "cracking, chipping and otherwise breaking."

2021 Subaru Forester, 2021 Subaru Crosstrek, 2021 Subaru Outback

Torque News reported in February; 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.

In the new ruling, Judge Noel Hillman will not dismiss the defective windshield lawsuit against Subaru, and the Camden, N.J. automaker's motion for a more definitive statement is denied. But the Court did dismiss some claims against Subaru. The Judge dismissed the plaintiff's breach of express warranty and implied warranty claims.

2021 Subaru Forester, 2021 Subaru Crosstrek, 2021 Subaru Outback

Five breaches of express warranty claims are dismissed because plaintiffs didn't bring their vehicles to Subaru for windshield repairs. Subaru of America says the new car limited warranty "requires the vehicle must be presented to an authorized Subaru retailer for warranty repairs."

Also, the N.J. judge dismissed implied warranty claims made by two plaintiffs because the owners weren't in "strict vertical privity" with Subaru.

According to the Judge, all Magnuson-Moss Warranty Act claims are dismissed because jurisdictional requirements demand 100 named plaintiffs be listed on a class action. The number of named plaintiffs on the Subaru class action is far below 100. The Judge also dismissed a claim under the Song-Beverly Act from one plaintiff.

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. Stay tuned to Torque News for more Subaru defective windshield lawsuit updates.

You Might Also Like: Subaru Boss Says How They Will Fix Past Quality Issues And Improve New Models Now

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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Photo credit: Subaru

Comments

TJP (not verified)    May 1, 2021 - 11:22PM

My 2020 Outback just got its third (3rd) windshield and it broke before it was two weeks old. These windshields are defective- I love the Outback- but so disappointed in the windshield. I’ve never had issues with glass like this. Usually if you get a chip you have it filled- no big deal. This glass chips and cracks at an unbelievable rate. My last windshield was a web of cracks before I had it replaced. I was trying to wait for Subaru to make the needed improvements before I paid even more money to get another new windshield. But obviously it is still the defective glass bc I walked outside one morning this wk to find a huge crack- it’s not freezing here, lows have been in the 50s. I don’t know what to do. I think next time I replace I will ask for aftermarket glass- but I’m not sure how that will work out with eyesight. Subaru owners Need Help with this issue. I believe Subaru is a wonderful company and will make this right... just waiting on them to come through.

Maria (not verified)    June 12, 2021 - 4:17PM

I have a 2015 Forester just this week out of nowhere I noticed a crack it’s origin point is actually the rear view mirror. I’m afraid to readjust my mirror now. Mine isn’t even in the years mentioned.

Diane Mosey (not verified)    March 13, 2022 - 4:46PM

In reply to by Maria (not verified)

I have a crack that originated spontaneously on the passenger edge and has traveled to the driver's side. I have been trying to get this fixed with the Subaru dealer I purchased it at with much difficulty. From not returning calls, to needing more pictures, to "it being out of warranty"..... I filled a complaint with the NHTSA and awaiting a response.

Margaret Ellen… (not verified)    July 15, 2021 - 2:34PM

I bought a Subaru Outback in August of 2019. new. During covid it was not driven much. On July 3rd of this year(2021) while driving down a flat paved road the windshield suddenly cracked. It was73 degrees out. and a clear day. I looked up defects and found this isn't unheard of . My dealership told me they wouldn't look at it because "they do not repair windshields. I called corporate and they told me to have the dealership look at it to determine cause.

Rob Gerritsen (not verified)    July 23, 2021 - 8:17AM

I bought my 2021 Outback in December of 2020. Yesterday it spontaneously cracked while driving in 97 degree heat at 5000 ft altitude. I was moving slowly at 25 miles per hour and there were no oncoming cars nor cars in front of me that could have thrown up some gravel to cause the problem. Plus, I was on a paved road. The exterior of the windshield is completely smooth. You can’t feel the cracks nor is there any divot or pitting in the windshield that would have been there if caused by external impact.

The spot from which the cracks are spidering out, which is close to the bottom of the windshield, looks like a tiny explosion with tiny shards of glass inside the windshield. Could it be that the combination of high heat and altitude caused a tiny pocket of air trapped between the layers of the windshield sandwich to expand with sufficient pressure to cause the trapped air to “pop”?

Rob Gerritsen (not verified)    August 28, 2021 - 8:01PM

In reply to by Rob Gerritsen (not verified)

Only 3 weeks after getting the windshield replaced - see my original post - it happened again! The crack just appeared one morning when I went out to get in the car. That's two cracked windshields on my 2021 Outback with less than 9,000 miles on it. This car is a pile of crap. We have not only the windshield issues, but the electronics keep failing. When I take it to the dealer they run test and say everything is OK. I've had the whole console go black. I've had all audio disappear, no matter the source, I've had constant keep eyes on road warnings, when my eyes are on the road. The driver recognition system recognizes me only about 1/2 the time. I can go on.

Annmarie Milanesi (not verified)    August 28, 2021 - 3:23PM

Our 2018 Subaru Outback windshield has now cracked for the third time in the exact same spot - the bottom left hand corner of the windshield: October of 2019, August of 2020 and now again August of 2021. The first two times, a loud pop was heard and then the crack appeared on the bottom left side of the windshield. The third time, I didn't even know it cracked until I got home. No pop or any other noise was heard. The second time in 2020, I contacted Subaru Customer Service to report this issue, and I was told the cracked window was not a matter of warranty and I would need to have someone at a Subaru Dealership inspect the windshield before having it repaired. This is our first Subaru and love the vehicle, just very disappointed in this windshield issue and the fact that Subaru brags about their "SAFTEY DEVICES" and Customer Service, yet refuses to acknowledge or rectify this issue. We have owned many vehicles over the years, and had a few cracked windshields from stones, but always saw and heard the stone hitting the windshield. This issue with Subaru is definitely due to defective glass or design, not something hitting the windshield. We don't think we will buy another Subaru due to this matter - 3 times in 3 years is ridiculous.

Maria Singhal (not verified)    October 19, 2021 - 8:04PM

Hello, I have 2021 Forrester that I purchased in November 2020. I had a similar situation as others have described. I don't recall any rock hitting my car but it has a crack that keeps growing. Not sure if I should spend the money to replace it since it can keep happening over and and over....

Gary E McMurray (not verified)    January 11, 2022 - 3:43PM

I purchased our 2020 Subaru Outback, the sales manager said the we had purchased additional windshield coverage. Well because he was fired becaued of lying they fixed the first two. Well it happened for a third time and they told me that they will not cover it. This time my wife was driving and it just started cracking. I think that the body does not have enough support around the windshield area, and thats why they are cracking. I filled a complaint with DOT and never heard anything back. Could someone please advise me?

Gary E McMurray (not verified)    January 11, 2022 - 3:46PM

I purchased our 2020 Subaru Outback, the sales manager said the we had purchased additional windshield coverage. Well because he was fired becaued of lying they fixed the first two. Well it happened for a third time and they told me that they will not cover it. This time my wife was driving and it just started cracking. I think that the body does not have enough support around the windshield area, and thats why they are cracking. I filled a complaint with DOT and never heard anything back. Could someone please advise me?

Margaret Eker (not verified)    April 11, 2022 - 7:09AM

In reply to by Lindsey (not verified)

My Subaru 2021 barely a year old 14 k miles has a cracked windshield.I did not have any rocks hit the windshield. Noticed the crack in the morning pulling out of the garage.

Any news on how to join the lawsuit?

cathy (not verified)    March 9, 2022 - 5:00PM

We just purchased a used 2019 forester 5 days ago. We drove it ONCE to the store 2 days ago, otherwise it has been sitting in our driveway. I noticed last night there weas a huge 5 inch long crack at the base of the passenger side. This morning it has grown another foot and is now halfway up the entire sheet of glass and all the way down to the base. WE WERE NOT DRIVING THE CAR WHEN THIS HAPPENED. Took it to the dealer and they said not their fault. Not covered. I am sooooo disappointed in the poor quality of the glass. Obviously there is a structural design flaw of some kind or the glass is just too thin to accommodate the cameras as someone mentioned. Regardless, Subaru needs to figure out what the problem is. We were NOT notified that there was a pending class action lawsuit for our model/year regarding windshield cracks and feel as though we have been mislead that this was a safe vehicle to give to our daughter. Please let me know if anyone has any info on the lawsuit.

Paul Granone (not verified)    April 4, 2022 - 7:20PM

My 2022 Subaru Outback is only 9 months old with 9432 miles. ON 3/31/2022 the windshield suffered the spontaneous windshield breakage problem that Subaru's suffer from. The windshield cracked from the lower left corner of the glass (looking from the front of the car to the windshield). There was nothing that hit the glass. There are no marks on it other than the crack that start from the lower left edge. The classic Subaru windshield failure issue.

This is criminal how Subaru treats customers. I regret buying a Subaru since they engineer crap windshields, and do not care about customers.

Ron David (not verified)    April 25, 2022 - 12:13PM

I purchased a new 2020 Acent. Within 2 months my front windshield cracked from the bottom up, no reason why. I opened my sunroof months later for the first time and my sunroof had a serious Crack across the whole window. 2 windows with no reason cracked.

subaru victim (not verified)    July 30, 2022 - 11:26PM

Outback Onyx with just 12,000 miles something light hit windshield and the crack is about 10" long!!!! I drove so many cars over the years and had pebbles impacts which would just make a dent and maybe star shaped tiny cracks 1/4" around the impact, but NEVER 10" crack. I wish I knew about Subaru inferior parts (I have more complaints about another Subaru we have, but it's off topic here). Get rid of your Subaru ASAP or just don't drive it and keep it for display. It's just ridiculous, really.

subaru victim (not verified)    July 30, 2022 - 11:33PM

Just 12,000 miles Outback. Small pebble hit and the crack is about 10" long. No cars I drove in the past got crack this long from even worse pebbles. Subaru is cheap, cheap, cheap and overpriced. They advertise all those technology gimmicks which actually have a much higher price... inferior quality parts that go into the technology and Subaru does not want be help accountable for their failures. Advice, don't buy or get rid of your Subaru ASAP, it's a defective money pit.

Jeff Gilman (not verified)    September 6, 2022 - 6:02PM

My 2022 outback windshield cracked from the passenger side edge within 2 weeks. It was NOT an impact crack. It is wide enough to put a credit card into. The dealer (Balise- Warwick RI) basically called me a liar and did nothing. My glass guy claims Subaru has put unreasonable thin glass in their cars to reduce weight and make the MPG numbers. He said it is a stress fracture when it starts from the edge with no impacts. I will never buy another Subaru until I see they make it right and certainly never buy from any Balise dealership.

Angela (not verified)    November 25, 2022 - 11:00AM

2021 Outback windshield cracked November 2021, replaced under insurance. Passenger side lower hairline crack after being parked in garage overnight. Fast forward 1 year…drove to work, came out at lunch with same hairline crack on lower passenger side windshield.

Waiting now to see if insurance will cover another repairs. Subaru has fixed the problem or this would not have happened within 1 year. I’ve had too many vehicles in my lifetime & never experienced anything like this.

Ryan (not verified)    April 1, 2023 - 3:52PM

My 2019 Outback is on its 6th windshield. I have witnessed my windshield randomly pop loudly and crack in the driveway. The Subaru dealers have told me that they know the windshield or the windshield frames are defective.