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By Denis Flierl Jan 2 2021 - 9:13am

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.
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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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Comments

Rob Bauman wrote on January 2, 2021 - 10:44am
We still own a 2016 Subaru Outback and the windshield cracked starting at the base near the defroster within the first year. It cost almost $500 for an OEM replacement. We filed a claim with Subaru, which was denied. We also filed a complaint with NHTSA and never even received a response. While I generally don't like trail lawyers, companies like Subaru can simply ignore customers without consumer class action lawsuits. Buyer beware!
stanley applewhite wrote on January 2, 2021 - 6:21pm
My 2015 legacy windshield cracked without incident. The affected area us the upper corner of the driver side from six inches from the top to ten inches across to the top.
Cit wrote on January 3, 2021 - 12:08am
I've owned 6 cars in my lifetime. I put over 100,000 miles in each one. Never a cracked windshield. I've cracked 2 OE and 1 aftermarket in 3 years and 20,000 miles on my Outback. I didn't have the dealer fix it because they wanted almost $1000 and wouldn't warranty it.
Mark Day wrote on January 2, 2021 - 3:00pm
Subaru has developed an art form – weaseling out of accepting responsibility, or paying for repairs, of their too-often, defective products. Compensating their lawyers, not their customers. They’ve taken a page from GM’s playbook (personal experience).
Olga Hashimie wrote on January 2, 2021 - 8:13pm
We just got a Subaru ascent, two days ago, our windshield cracked, we don't know what to do.
Alex Mendez wrote on January 3, 2021 - 11:56pm
Call Subaru of America and tell them what happened. Say that you know that there is a problem with the windshields of your specific model. They will tell you to take it to a dealer for inspection. Worked for me.
Brian wrote on January 3, 2021 - 1:11am
2018 Forester xt, one windshield cracked and was replaced through insurance but it took forever because the OEM replacement had to come from Japan and they initially did not have them in stock. The new windshield didn't make it long before it too cracked. Haven't replaced yet.
John G wrote on January 3, 2021 - 10:19am
A line in the article read that a judge dismissed part of the lawsuit because the cars were not presented to Subaru for repair, I’ve had 3 cracked windshields on my ‘18 Outback and was told by my dealer that they do not repair windshields. I was told I had to use an aftermarket repair person. Something is not right.
DNelson wrote on January 11, 2021 - 7:38am
Make an appointment with the dealer, physically.take the car to the dealer. When they say they do not repair windshields, get that answer in writing on Subaru dealer letterhead. The letterhead answer and your official work order is evidence you took it to a dealer.
B Barton wrote on January 3, 2021 - 10:39am
I bought a 2020 outback and the windshield broke about 500 miles in. I didn't do anything about it for a while but actually took the vehicle in for a hitch to be put on and the dealer completing ignored it and never said it was a factory default. I replaced it recently and at the time did not know about this lawsuit. It cost me about 450 bucks. What a bunch of assholes suabau is!!
Subaru guy wrote on January 3, 2021 - 11:33am
As a Subaru service Dept employee,articles and comments like this just make me sick. 99.9% of cracked windshields that come thru my high volume dealer all have been impacted by an outside influence. A hard object striking a vehicle resulting in damage is by no means a defect. Perhaps folks should sue to get better paved roads so debris doesn’t damage their vehicles instead of blaming the manufacturers.
Chad wrote on January 4, 2021 - 8:13am
funny thing is, my windshield cracked the other day just after I started it. I took it to the dealership where they looked it over with a fine tooth comb, took pictures and agreed that there was absolutely zero damage to the windshield. I guess I must fall into your 0.1%.
Charles Jones wrote on January 3, 2021 - 1:06pm
Our 2020 Outback was damaged by a pea sized rock 2 months after our 3 year lease began..at that point we knew ehy Subaru was offering windshield insurance. Pretty much proves they know..Anyways we had them replace it..it was like 2 k but our own insurance paid most..but 4 months later a half pea size dust partical cracked our brand new windshield.just like before not impact crater just keeps on increasing in size.the crack grew an inch a day..finally stopped after 2 feet of curves..we decoded not ti replace it until we return it in 2 years. But 2 days ago another dust particle created a 2nd crack..it grew an inch an hour...I talked eith a windsheid progessional..they said Subaru makes thinner inferrior windshields so the Eye Sight installed is not distorted...Subaru Knows ..let me in on this class action lawsuit..Charles from California
Fred Meyers wrote on January 3, 2021 - 11:19pm
What about 2015 and 2016 Outback. I have a '16 and I am on my 3rd windshield. The windshields are too thin (to minimize weight?).
Elizabeth wrote on January 4, 2021 - 3:45am
This is the first I'm hearing about this lawsuit. I have a 2018 Impreza Sport that I bought new, and its windshield cracked out of nowhere this past summer. There was no discernable origin to the crack; it was simply there one morning when I went out to my car and it covered half the windshield. People told me, "Sometimes it just happens due to the heat of summer," though it hadn't been any warmer than usual around that time and I've never had this happen to me with a car before. Due to Covid and distance from a dealership, I had it repaired through my insurance by Safelite within a day or two. Perhaps this voids my "warranty claim" as it says it did for some owners in this lawsuit, but I had it fixed in this manner because I didn't realize it could be a Subaru issue and thus covered under the warranty to begin with. Thankfully, I only had to pay a $50 copay. I can't help but wonder how many others have had this happen and it didn't occur to them it could be a defect with Subaru windshields itself -- I'm certainly one of those people.