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Numerous class action lawsuits against Subaru have been compiled into one complaint by consumers who claim their cars’ windshields are prone to crack.
The first complaint was filed in October 2019 by Christine Powell and the other complaints followed in courts in California and New Jersey.
The plaintiffs maintain that Subaru sold 2017-2020 Subaru Forester, 2017-2020 Subaru Outback, 2017-2020 Subaru Crosstrek, 2017-2020 Subaru Legacy and 2017-2020 Subaru Impreza vehicles to the customers but didn’t disclose the windshields were defective.
The defect allegedly presents a safety hazard to drivers and pedestrians. Spontaneous cracking can impair the driver’s view and distract the driver, according to the consolidated Subaru class action lawsuit. In addition, the plaintiffs claim the replacement windshields they paid for, which were provided by the company, have the same defect and are equally dangerous.
In addition, the customers claim the defect deprives them of the ability to use the company’s EyeSight technology that is built into the windshield.
The customers allege Subaru knew the class vehicles contain the windshield defect and have concealed this information from the public and even continues to deny that the problem exists.
“Selling vehicles with dangerously defective windshields and refusing to take responsibility for the defects is directly contrary to the safety conscious, trustworthy, and reliable image Subaru advertises,” states the Subaru class action lawsuit.
The vehicle owners maintain that Subaru refuses to honor the commitment it gave to loyal customers, is jeopardizing the safety of the public, and making its customers bear the expenses of Subaru’s mistakes.
The car owners argue that Subaru refuses to replace the defective windshields under their warranty, often stating that an impact caused the windshield to crack. The “systematic” denial of these warranty claims is one part of a “concerted effort” to minimize the cost of warranty claims and shift the costs of repairs onto the customers, the plaintiffs allege.
The plaintiffs also state that had the defendants disclosed the defect to the customers, the plaintiffs would not have purchased the vehicles or would have paid less for them.
When purchasing their vehicles, customers relied on the reasonable expectation their class vehicles would be safe and have windshields that did not have any defects and did not pose a threat to their safety, states the class action lawsuit.
“Plaintiffs and the Class members operated their Class Vehicles in a reasonably foreseeable manner and as the Class Vehicles were intended to be used but nevertheless suffered significant damages to their windshields as a result of the defect,” the Subaru class action lawsuit continues.
The Subaru class action lawsuit argues that, “Plaintiffs demand that Defendants accept responsibility for replacing damaged windshields under Subaru’s new vehicle warranty at no charge to Plaintiffs and the Classes and reimburse Plaintiffs and the Classes for losses suffered as a result of the Defect. In addition, or alternatively, Subaru should be required to buy back the Class Vehicles.”
Do you own a Subaru with a windshield that cracks? Leave a message in the comments section below.
The plaintiffs are represented by Katrina Carroll of Carlson Lynch LLP, Peter Houghton Levan Jr. and Peter A. Muhic of Levan Law Group LLC and Amey J. Park and Russell D. Paul of Berger Montague PC.
The Subaru Windshield Class Action Lawsuit is Powell, et al. v. Subaru of America Inc., et al., Case No. 1:19-cv-19114, in U.S. District Court for the District of New Jersey.
UPDATE: On March 6, 2020, Subaru asked a judge to dismiss a class action lawsuit claiming the windshields in some Subaru vehicles crack during normal use.
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203 thoughts onSubaru Cracked Windshield Class Action Revised
2020 Subaru Ascent with approximately 6,700 miles on it. Front windshield cracked for no apparent reason while sitting in an outdoor parking lot on May 3, 2021. My husband and I got into the car and heard a noise and immediately noticed the crack. Crack started midway across top of passenger side of windshield and had what appeared to be a chip smaller than the size of a very small pea or pearl near the top of the crack. It proceeded across the windshield and downward for 23.5 inches.
2020 Subaru Crosstrek. Windshield cracked for no apparent reason within 10 months of purchase.
2021 Outback 24 inch crack no stars appeared overnight .
Doug we are experiencing the same situation. This is our second Subaru. It happened to our last one too. But we argued enough and dealer covered it. But we now have a new dealer and they said it was our fault. Can you tell me how you handled this situation?
2020 Outback. Two windshields in 7000 miles. Same crack starting from lower left drivers side edge and going inward, both time exactly the same. Also, walking through the parking lot of a store I saw a nearly new Outback with the same crack. Took pictures of it as well. Subaru plays stupid, says it is from a rock. Total BS. What can I do?
Hey Russell, did you get any feedback. I am in the same situation and trying to figure out what to do. Subaru said it was our fault and a rock it hit. this is our second Subaru and the last time it happened the dealer covered it. But we now have a different dealer and they said it they will not cover it. Any suggestions?
What are my options from a legal stand point for total cost replacement of any front windshield defects in my leased 2019 Subaru forester Sport under the class action lawsuit filed by your law firm on behalf of said plaintiff Christine Powell and multiple other plaintiffs vs Japanese auto manufacturer Subaru at this moment in time of 04-23-2021. Please advise expeditiously.
Sincerely
Alex Pappas
Bought a pre-certified/ pre-owned 2018 Forester 1/20/2021. It had 15,970 miles on it. I On April 11th, a crack appeared on the drivers side for no apparent reason. Eight days later, a chip has appeared on the lowest part of the windshield above the radio …very far removed from the initial crack, again with no know debris or stone striking the car and no highway driving involved. That two defects occuring within 8 days on a car I’ve owned for two months. It currently has 18,360 miles on it.
My 2018 Crosstrek windshield has cracked twice now. I have less than 25,000 miles on the vehicle and after repairing it the first time it cracked again less than a week after replacement. First crack was very likely a snowplow, second crack absolutely no reason. Watched it occur while in park. Very disappointed in my otherwise amazing vehicle
Twice in 8000 miles, saw another new 2021 with the same exact crack yesterday in a Home Depot parking lot. MetLife paid for the first one. I called them today and explained they have a problem because I have a problem. Suburu is in the typical corporate denial mode and has my dealership parroting there stance. I AM PISSED.
I bought a 2020 Forester in February of 2020 – in January of 2021, a 15 inch crack developed – we never noticed a rock or pebble hitting it – had to pay $500 deductable to fix – car has only 9,000 miles on it
I have a 2020 Subaru Forester with 16,000 miles on it. This week the windshield developed a spontaneous large crack (about 14 inches). There were no impacts to the windshield – the crack developed on it’s own. The car dealer tells me this is not covered under warranty and is considered normal wear. I hope someone can make this right. I’m so disappointed in Subaru.