A New Jersey judge has granted preliminary approval for a class action settlement regarding cracked windshields in certain Subaru models, potentially benefiting 1.4 million Subaru owners and lessees. The case, which began in 2019, stems from complaints that windshields in certain Subaru vehicles were cracking without any apparent cause. After several years of litigation, including 13 depositions and thousands of pages of discovery documents, the judge’s approval marks a significant step toward resolving the issue. Subaru faces claims that windshields in models like the Outback, Forester, Ascent, and Legacy were prone to cracking during normal use.
The settlement agreement includes an extended warranty for affected Subaru models, covering a one-time windshield replacement and an eight-year or 100,000-mile warranty, whichever comes first. This warranty will only apply to one windshield replacement per vehicle, and it ends once the replacement is made. Subaru denies any wrongdoing and maintains that the windshields are not defective. However, after years of costly litigation, Subaru has opted to settle the case to avoid further legal expenses. This settlement is designed to end the class action claims regarding windshield cracking.
The settlement applies to Subaru owners of specific models from the 2019-2022 production years, including the Outback, Forester, Ascent, and Legacy. The agreement also provides for reimbursement to customers who have previously paid for windshield replacements, provided they can demonstrate that the damage was caused by residual stress and not by impact damage. Owners must also meet specific criteria to prove their claim, particularly regarding whether the damage was related to the alleged defect.
Under the settlement, there are two categories for claims: Tier 1 and Tier 2. Tier 1 claimants, who can provide both proof of repair costs and contemporaneous photographs of the damage, will receive at least 125% of their costs. Tier 2 claimants, who lack photographs but have proof of repair, will be reimbursed up to 100% of their expenses, with a conditional $2 million limit for total claims in this category. If claims exceed this amount, each reimbursement will be reduced proportionally, with no claim receiving less than 25% of the approved amount, unless fraud is detected.
While the preliminary settlement has been approved, it is not final yet. The settlement is still subject to a fairness hearing, which is scheduled for April 21, 2025. Until then, the terms remain tentative, and the judge’s final approval will determine the outcome of the lawsuit. Subaru owners who have experienced windshield cracking are encouraged to review the settlement details and prepare to submit claims if they meet the necessary criteria.