Settlement Reached in Subaru Class Action Windshield Lawsuit

A settlement has been reached in the class action lawsuit against car manufacturer Subaru that alleged that the windshields of certain vehicles were prone to cracking.

Under the terms of the settlement agreement, Subaru will extend the warranty of the covered vehicles to eight years with unlimited miles and will cover expenses for the replacement of one free windshield including for car owners who have already replaced the original windshield due to cracking if the repair was done by an authorized retailer or third party.

The settlement terms are limited to owners or lessees, or former owners or lessees, of certain Subaru’s 2015 and 2016 Outback and Legacy vehicles. Subaru successfully reduced the number of vehicles involved in the suit by arguing that other none of the plaintiff members of the class had purchased, leased or owned those other vehicles.
The deadline for consumers to file claims under the class action is Friday, April 23, 2021. There is also a May 14, 2021 deadline for affected consumers to exclude themselves or object to the settlement. The final court hearing on the matter is scheduled for June 11, 2011. Detailed information about the settlement in the case, Khona, et al. v Subaru of American, Inc., can be found here.

The 2019 New Jersey based federal class action alleged that Subaru was “manufacturing, marketing and selling new vehicles with defective and dangerous windshields that were spontaneously and/or unreasonably cracking, chipping and otherwise breaking.” Plaintiffs argued that Subaru sold the cars without informing customers about their potential windshield defects caused by a design flaw in the windshield originating in or passing through the de-icer region causing it to be more susceptible to cracking.

Plaintiffs proffered three potential design flaws: 1) combination of ceramic materials for the black-colored printer perimeter with silver-colored material used for the wiper dicer portion of the windshield; 2) use of “acoustic glass” for the windshields; and 3) thickness of the windshield glass. Subaru argued that design related issue were not a failure to manufacture the windshields correctly and were not covered by the warranty.

The suit was originally filed in October 2019, was amended in November 2019 and was consolidated with three other lawsuits and finally a final lawsuit was added in April 2020.

This article is from glassBYTEs™, the free e-newsletter that covers the latest auto glass industry news. Click HERE to sign up—there is no charge. Interested in a deeper dive? Free subscriptions to Auto Glass Repair and Replacement (AGRR) magazine in print or digital format are available. Subscribe at no charge HERE.

This entry was posted in glassBYTEs Headlines, glassBYTEs Original Story and tagged , , , , , , , , , , , , , . Bookmark the permalink.

13 Responses to Settlement Reached in Subaru Class Action Windshield Lawsuit

  1. James Pritchett says:

    I have had my 2019 Forester for less than 2 years and 24,000 miles. The original windshield had to be replaced after one month. The new windshield had to have chips repaired twice. Yesterday I went out to my car to find a large crack in the windshield, so it will have to be replaced. That averages out to one crack and one new windshield every 12,000 miles.

  2. Pingback: Judge Approves Settlement for Subaru Class Action Case | glassBYTEs.com

  3. N. Kelly says:

    I have a 2020 Outback and the windshield cracked from center bottom to all the across the drivers side which makes it terrible to drive especially on a sunny day. The large crack happened while my husband was slowing to a stoplight as he heard a pop and watched as it cracked in three different directions. A second large curved crack happened on the passengers side while I was driving and experienced the same thing sitting at a stop sign! This is my fourth Subaru and have never experienced anything like this before. I have had some pretty serious rock chips in other cars but you know when you get hit by something and they never crack like that.

  4. Robert Morlan says:

    I have a 2019 Outback and at 16,000 miles I needed my fourth windshield. I have a $500 deductible and if I turn in another claim( 4th windshield) I will be cancelled for claim frequency. So I get to pay over $1,000 out of pocket. Subaru did offer me $250-so I will have only $2,250.00 in windshield replacement. If they haven’t come up with a better windshield this is going to continue.

    • Loren says:

      I have a 2020 Outback and my first windshield cracked at 15K miles. I heard a loud pop and there was a 8 inch crack across my windshield starting from the right wiper blade arm. Just had the second cracked windshield at 20k miles 5 months later.

      How did you get Subaru to cover the replacement?
      thanks

  5. Oliver M Black says:

    Sitting in the glass shop waiting room waiting for my second windshield to be replaced on my 2020 Forester. First one was 6 months ago, one month after I purchased the vehicle. First Subaru and probably my last…

  6. J. Repp says:

    Have a Subaru Outback Wilderness for 6 weeks. Car was sitting in driveway when I heard a loud “POP”. Windshield was cracked on passenger side half way up –center. Cracks progressed across to center and drivers side. Dealer said this problem was “fixed” in this model and not covered under warranty because he said “It was hit with a pebble”

    Well –Duh Mister dealer. Getting hit with a pebble is THE problem. Cars get hit with pebbles every day -BUT Subaru has a design problem. On this model the window is installed without a protective plastic edge frame on the perimeter(most windshields do) –One little speck of sand can cause an invisible stress crack on the exposed edge that will eventually propagate with temperature, shock and vibration. Next time you walk through a parking lot notice which cars have an exposed window edge— Only Subaru — can’t wait to trade it in

  7. robert freedman says:

    I bought my granddaughter a new 2020 Forestor. She has a learner’s permit and only can drive with her mother in the car. The car has only 4500 miles and it mostly sits in the garage. Last week she went to back the car out of the garage and there was a long stress fracture that had propagated from the lower passenger side towards the driver’s side. The fracture is internal and the exterior osurface of the windshield shows no evidence of damage from a rock. When I called Subaru of America customer surface the representative told they had not had complaints about defects only rock damage. That is a blatant lie and is a black eye on the reputation of Subaru for trying to cover up a known issue instead of finding an engineering solution and replacing the windshields with a new design

  8. I have a 2020 Outback. I was on the expressway and heard a loud Crack. About 30 seconds later a large Crack appeared across the middle, driver’s side windshield. It was a clear, sunny day, there were a few cars out and a panel van about 500 yards ahead of me. No semi’s in view. I am horrified at the thought of paying 1$1,000 for a faulty product.

  9. Amy says:

    I purchased a 2019 Subaru Ascent (in June 2021). I came out to my car to discover a 7inch crack in the windshield. Split from the side for no apparent reason.

  10. Julie says:

    I bought a 2019 Subaru Touring Edition model in July 2019. Some months ago a small rock hit my windshield & I had to have it patched.

    About a month ago, we started moving after the red light we were at turned green. There was not any traffic around. Just after acceleration I heard a loud “POP” & noticed a crack that started where the vents are near the windshield on the drivers side and it was 7” long. When I arrived home we looked at it further & in between the windshield housing & the blade there seemed to be a starburst looking point on the glass, & the crack went up & over from that. There is hardly any room between the housing & the blade, so I don’t know how something could have struck the glass due to the angles, etc. Between the dealer where I bought it & Subaru of America they are telling me to file an insurance claim. It’s likely to run $1400 to replace the glass & recalibrate the technology that’s built in the “eyesight” to help you from hitting someone, going out of your lane, etc. I keep reading of these issues, on all kinds of different websites! it’s time for Subaru to accept responsibility for their thin windshields, do a recall & fix this problem! Even the guy @ the dealership said they are manufacturing the glass too thin. This is so frustrating! I’m permanently disabled, ordered the vehicle in May 2019 & picked it up 7/3/19. It has 22,000 miles on it, which I think is low for a car almost 2-1/2 years old. I paid for the 100,000, 10 year warranty, I thought this would be my last vehicle. But I’m not replacing glass multiple times at that cost. My last vehicle has 174,000 miles on it after,12 years of ownership, & only had 1 issue with a large rock hitting the windshield.

  11. Gary E McMurray says:

    Getting ready for my 4th windshield 2020 Outback only 1 was hit by a rock.
    Casey Subaru here we come.

  12. Jeremy Morgan says:

    2020 Legacy bought in October 2021. There was an existing chip that was fixed by the dealer when we bought it. December 2021 a large crack formed across the upper passenger side. Upon inspection it appears there was a miniscule impact less than 1mm in depth. Dealer would not warrant this. Also, had another chip in the center lower portion of the windshield that has not cracked yet. This windshield is one of the most pitted that I have ever owned with such low miles and new build year. Disappointed to say the least.

Leave a Reply

Your email address will not be published.