Subaru Windshield Settlement Final

April 22, 2025 — A Subaru cracked windshield settlement has been granted final approval after more than five years in court.

Subaru denies all wrongdoing and all allegations in the class action lawsuit but decided to settle to end the expensive litigation.

The Subaru windshield settlement includes these vehicles:

2019-2022 Subaru Ascent
2019-2022 Subaru Forester
2020-2022 Subaru Legacy
2020-2022 Subaru Outback

Subaru Windshield Settlement (Qualifying Crack)

According to the settlement, a vehicle owner must prove the cracked windshield is a "qualifying crack" or the windshield won't qualify.

A qualifying crack, "is a distinct type of windshield damage characterized by certain specific features. It manifests as a crack, which takes the form of a single line extending from or through a single Discernable Impact Point and reaching toward the edge of the windshield."

The settlement says not all windshield cracks meet the qualifications.

"Excluded from this definition are cracks that originate at the edge of the windshield where it meets the A-pillar. Also, configurations such as multiple cracks originating from a single point of impact, cracks stemming from non-minor impacts, or other forms of damage that do not conform to these specific characteristics are not Qualifying Cracks."

And what is a Discernable Impact Point?

The settlement says it is a "specific location on the windshield where an external force has initiated the formation of a crack."

As taken directly from the settlement agreement, the following criteria apply to the Discernable Impact Point:

1. Size and Nature: The impact point must be minor in size. A “minor” impact point is less than 5mm in diameter and results in a crack pattern consistent with a minor impact, such as a small bullseye, star break, or partial crack, without multiple radiating lines. Impact points that are larger or display a crack pattern associated with a larger impact are not considered minor and thus will not qualify.

2. Visibility and Identification: The impact point must be visible and identifiable. In cases where the impact point is not readily visible, Authorized Subaru Dealers will employ the “Pen Test” to locate and confirm the presence of the impact point. The Pen Test involves using a standard-sized pen or similar object to aid in identifying the exact point of impact on the windshield.

3. Coverage Determination in Ambiguous Cases: If, after using the Pen Test, the Authorized Subaru Dealer is unable to clearly discern an impact point, yet the nature of the windshield crack is consistent with the characteristics outlined for a Qualifying Crack, then the repair will be covered under the Settlement Extended Warranty. This exception applies provided that the crack aligns with the definition of a Qualifying Crack in every other respect except for the clear identification of the impact point.

4. Exclusions: Impact points that result in cracks that do not conform to the definition of a Qualifying Crack, such as those resulting in multiple cracks directly emanating from a single point, impact points that are not “minor”, or damage initiated at the edge of the windshield, are excluded from this definition.

Subaru Cracked Windshield Settlement (Reimbursement)

A Subaru owner may be reimbursed for past expenses related to the windshield, as long as it was due to a "qualifying crack" supported by photographs.

According to the settlement, a customer who provides proof of repair expense and one photo of a qualifying crack will be entitled to 125% of the cost.

If there were two windshield repairs with photos of qualifying cracks, an owner may be reimbursed 150%, and three or more repairs with photos may be reimbursed 200% of the cost.

It's also possible to qualify if there are no photos of qualifying windshield cracks. Here's how the settlement agreement describes the process.

"Claimants with Proof of Repair Expense but no contemporaneous photograph will use a dynamic website to select a photo that most closely resembles their windshield crack. Six photographs, drawn from a pool of photographs agreed to by the Parties, will be randomly displayed on that dynamic website. Claimants with Proof of Repair Expense who select a photo depicting a Qualifying Crack will be entitled to recover 100% of the actual cost incurred for that repair."

The customer "must attest under oath to the absence of any photographic evidence of the crack or damage and that the photo selected most closely resembles the crack their vehicle exhibited."

Subaru Windshield Settlement (Extended Warranty)

There is a windshield warranty extension for a period of eight years or 100,000 miles, whichever occurs first. The one-time windshield replacement must be performed by a Subaru dealership.

The four Subaru owners who filed the class action lawsuit will receive $5,000 each, and the lawyers representing the owners will receive $7,200,000.

Those owners are Jeffrey Barr, Arnold Milstein, Allan Zaback and Brittany Funk.

The Subaru windshield lawsuit settlement was filed in the U.S. District Court for the District of New Jersey: Powell, et al., v. Subaru of America, Inc.

The plaintiffs are represented by Muhic Law LLC, Berger Montague PC, and Wade Kilpela Slade LLP.