Judge grants preliminary approval to Subaru windshields settlement

(March 10, 2020)

Subaru has asked a judge to dismiss a class action lawsuit claiming the windshields in some Subaru vehicles crack during normal use.

According to the car company, the customers who filed the windshield class action lawsuit should not be allowed to file claims over vehicles that they themselves do not own.

Reportedly, multiple windshield class action lawsuits had been filed separately, and were then compiled because of their comparable claims.

The drivers in the windshield cracking class action lawsuit took issue with the windshields in Forester, Outback, Crosstrek, Legacy, and Impreza vehicles, in model years 2017 through 2020. However, Subaru claims that the named plaintiffs in the suit only drove a fraction of these vehicles.

Subaru says the vehicles purchased by the customers in the Subaru windshield class action lawsuit include the 2017 – 2020 Subaru Outback, the 2018 Crosstrek, the 2018 and 2019 Forester, and the 2018 Impreza. The car company suggests that the proposed Class of affected vehicles have been far less than the 2.5 million vehicles in the “overly-broad” Class proposed by customers.

Subaru’s argument against the windshield class action states the Class of vehicles should be smaller. The company also took issue with the claims at the heart of the drivers’ argument. The drivers alleged that Subaru violated express warranty by selling a vehicle that was defective, and by refusing to cover repairs for the windshield under warranty.

However, Subaru says the warranty in question does not cover design defects, which the drivers claimed the windshield problem fell under.

The defendant cites the warranty, noting it excludes “any part which malfunctions, fails, or is damaged due to objects striking the vehicle, road hazards, whether on or off the road, accident, neglect, abuse or any other case beyond the control of [the company.]”

In contrast, the drivers argue that the windshields shatter because of a defect with the windshield, not the result of misuse. They also said the cracking can occur at unusually low milage or when the vehicle is still new.

According to the plaintiffs, the windshield defect impeded drivers’ view, putting themselves and others at risk. The drivers in the Subaru windshield defect class action lawsuit say the problem affects the Subaru EyeSight Driver Assist Technology, which “monitors traffic movement, optimizes cruise control and warns you if you sway outside your lane.”

Allegedly, many drivers whose vehicles are included in the windshield defect class action chose their vehicle because it offered this feature, so having the technology rendered useless by the windshield defect poses financial injury to drivers.

Did you drive a Subaru and experience windshield cracking? Tell us in the comments section below.

The drivers 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 for Berger Montague.

The Subaru cracking windshield class action lawsuit is Powell v. Subaru of America Inc., Case No. 1:19-cv-19114-NLH-JS, in the U.S. District Court for the District of New Jersey.