What is this lawsuit about?

The Action alleges defects or deficiencies in the Pre-Collision Braking, Rear Automatic Braking, and Lane Keep Assist features of the EyeSight systems. SOA denies the claims and maintains that the EyeSight systems in the Settlement Class Vehicles are not defective, function properly, were properly designed, manufactured, marketed and sold, and that no applicable warranties were breached nor any applicable statutes violated. The Court has not decided in favor of either party. Instead, the Action has been resolved through a class Settlement under which eligible Settlement Class Members who qualify may obtain certain benefits.

Who is included?

The Court has conditionally approved the following definition of a Settlement Class Member: All persons and entities who purchased or leased a Settlement Class Vehicle in the continental United States of America.

The Settlement involves certain specific Subaru vehicles of the following models/model years, that were distributed by SOA in the continental United States:

Certain MY2013-2022 Subaru Legacy*

Certain MY2013-2022 Subaru Outback*

Certain MY2015-2023 Subaru Impreza*

Certain MY2015-2023 Subaru Crosstrek*

Certain MY2014-2021 Subaru Forester*

Certain MY2019-2022 Subaru Ascent*

Certain MY2016-2021 Subaru WRX*

Certain MY2022-2024 Subaru BRZ*

*Not every such model and model year vehicle is covered by this Settlement (i.e., a Settlement Class Vehicle). The Settlement Class Vehicles are determined by specific Vehicle Identification Numbers (VINs). You can look up whether your vehicle is a Settlement Class Vehicle by typing your vehicle’s VIN, where indicated, in the VIN Lookup Portal.

A Settlement Class Member is defined as a current or former owner or lessee of a Settlement Class Vehicle, purchased or leased in the continental United States. 

Excluded from the Settlement Class are (a) all Judges who have presided over the Action and their spouses; (b) all current employees, officers, directors, agents and representatives of Defendant, and their family members; (c) any affiliate, parent or subsidiary of Defendant and any entity in which Defendant has a controlling interest; (d) anyone acting as a used car dealer; (e) anyone who purchased a Settlement Class Vehicle for the purpose of commercial resale; (f) anyone who purchased a Settlement Class Vehicle with salvaged title and/or any insurance company that acquired a Settlement Class Vehicle as a result of a total loss; (g) any insurer of a Settlement Class Vehicle; (h) issuers of extended vehicle warranties and service contracts; (i) any Settlement Class Member who, prior to the date of the Settlement Agreement, settled with and released Defendant or any Released Parties from any Released Claims, and (j) any Settlement Class Member who files a timely and proper Request for Exclusion from the Settlement Class that is accepted by the Court.

What does the Settlement provide?

Eligible Settlement Class Members who qualify may obtain the following benefits:

1. Warranty Extension for Current Owners or Lessees of Settlement Class Vehicles
   Effective on July 29, 2025, SOA will extend the New Vehicle Limited Warranties (NVLWs) applicable to the Settlement Class Vehicles to cover 75% of the cost of a Covered Repair (as defined below), by an authorized Subaru retailer, during a period of up to 4 years or 48,000 miles (whichever occurs first) from the Settlement Class Vehicle’s In-Service Date. If a particular Settlement Class Vehicle’s Warranty Extension time period has already expired as of July 29, 2025, then for that Settlement Class Vehicle, the time limitation of the above Warranty Extension shall be extended until four (4) months from July 29, 2025.
   
   A "Covered Repair" means repair or replacement (parts and labor) of a diagnosed and confirmed malfunction or failure of a Settlement Class Vehicle's Pre-Collision Braking, Rear Automatic Braking, and/or Lane Keep Assist feature of the EyeSight system that resulted from failure or malfunction of the EyeSight camera assembly and/or rear sonar sensors. A Covered Repair shall not include a Pre-Collision Braking, Rear Automatic Braking, and/or Lane Keep Assist feature failure or malfunction that resulted from the failure or malfunction of any other components of the Settlement Class Vehicle including but not limited to brake pads, rotors and other brake related parts, windshield, powertrain, electrical system, and any other vehicle components and systems.
   
   The Warranty Extension is subject to the same terms, conditions, limitations and exclusions set forth in the Settlement Class Vehicle's original NVLW and Warranty and Maintenance Booklet, and shall be fully transferable to subsequent owners to the extent that its time and mileage limitation periods have not expired.
   
   The Warranty Extension shall not cover or apply to damage to or malfunction of any aspect of Pre-Collision Braking, Rear Automatic Braking, or Lane Keep Assist resulting from an accident or crash, misuse, abuse, modification, movement, displacement of and/or damage to the system components (identified in “Covered Repair” definition), weather and/or environmental conditions, and/or from any outside source or factor.
2. Reimbursement of Certain Past Paid Out-of-Pocket Expenses for a Covered Repair
   If, prior to July 29, 2025 and within 4 years or 48,000 miles (whichever occurred first) from the Settlement Class Vehicle's In-Service Date, you incurred and paid for a Covered Repair, you may submit, to the Claim Administrator, a Claim for Reimbursement (a fully completed, dated and signed Claim Form together with all Proof of Repair Expense and other required documentation) for seventy-five percent (75%) of the paid invoice expense of one (1) such Covered Repair (parts and labor).
   
   The above relief is subject to certain limitations and proof requirements, which are set forth below and in the Settlement Agreement.
3. Required Proof for a Claim for Reimbursement
   To qualify for a Claim for Reimbursement of past paid and unreimbursed out-of-pocket expenses provided under Section II above, you must comply with the following requirements:
   1. In order to submit a valid and timely Claim for Reimbursement, you must submit online no later than September 27, 2025, or mail to the Claim Administrator post-marked no later than September 27, 2025, a fully completed, signed and dated Claim Form, together with all required supporting documentation listed below.
      1. An original or legible copy of a repair invoice(s) documenting the repair covered under the Settlement and containing your name, the make, model and Vehicle Identification Number (“VIN”) of the Settlement Class Vehicle, the name and address of the authorized Subaru retailer or other service center that performed the repair, the date of repair and the Settlement Class Vehicle’s mileage at the time of the repair, a description of the repair work performed including the parts repaired/replaced and a breakdown of parts and labor costs, and the amount charged for the repair and proof of payment.
      2. If your Covered Repair occurred within your Settlement Class Vehicle's New Vehicle Limited Warranty period but was not performed by an authorized Subaru retailer, then you must also submit records showing that you first attempted to have the repair completed at an authorized Subaru retailer, but the retailer declined or was unable to perform the repair free of charge under warranty. If such records cannot be obtained despite a good faith effort, then you may submit a declaration to that effect, signed under penalty of perjury, and stating the good faith efforts you made to obtain the records. A declaration form is available on the Important Documents page, or may be obtained from the Claim Administrator (1-866-287-0742 or info@EyeSightSettlement.com).
   2. If you are not the person to whom the Class Notice was addressed (or your Claim for Reimbursement is not for the vehicle identified by VIN on the Class Notice), your Claim for Reimbursement must contain proof that you are a Settlement Class Member and that the vehicle is a Settlement Class Vehicle.
4. Limitations
   1. Any reimbursement under the Settlement shall be reduced by goodwill or other amount or concession paid by SOA, an authorized Subaru retailer, any other entity (including insurers and providers of extended warranties or service contracts), or by any other source. If the Settlement Class Member received a free repair covered under the Settlement Agreement, or was otherwise already reimbursed the full amount for the Covered Repair, then they will not be entitled to any reimbursement.
   2. SOA shall not be responsible for, and shall not warrant, repair/replacement work performed at any service center or facility that is not an authorized Subaru retailer.
   3. Reimbursement shall not apply to failures resulting from an accident or crash, misuse, abuse, modification, movement, displacement of and/or damage to the Eyesight camera assembly or rear sonar sensors, weather and/or environmental conditions, and/or from any outside source or factor.

These rights and options—and the deadlines to exercise them—are explained in the Long Form Class Notice. The Court in charge of this case still has to decide whether to approve the Settlement. Payments will be made if the Court approves the Settlement and after any appeals are resolved. Please be patient.