Subaru Battery Settlement

What’s the settlement about?

Defendant Subaru has denied all the allegations made in the complaint. Thus far, the court has not ruled in favor of either the plaintiffs or the defendants. Instead of deciding who is right and who is wrong, the parties agreed to a Settlement. By settling out of court, the parties can save time and money, and those who have been harmed (the “Settlement Class Members”) can get their compensation more quickly.

Counsel for Plaintiffs and Settlement Class Members weighed the substantial settlement benefits against the risk of continued litigation. They balanced the immediate benefit to Settlement Class Members against the costs and delay of trial and appeals and the risk that the Court might not certify the class. Even if Plaintiffs won, Settlement Class Members may have waited years for benefits.

The Subaru Battery Drain Settlement Agreement, reached between the Plaintiffs and Subaru, is subject to the final approval of the Court.

What compensations can you receive from this Class Action Settlement?

The Settlement provides:

1. Extended warranty coverage for Qualifying Battery conditions.
2. Possible cash reimbursements for certain out-of-pocket expenses.
3. Possible cash reimbursements for certain recoverable expenses.

Extended Warranty Coverage: Subaru will extend its existing express New Vehicle Limited Warranty, applicable to your covered Subaru vehicle(s). The duration and coverage will vary for first and subsequent battery replacements.

For the first battery replacement, Subaru will cover:

• 100% of the Battery Replacement Costs up to a period of five (5) years or sixty thousand (60,000) miles (whichever occurs first) from the In-Service Date of the Settlement Class Vehicle; or
• 50% of the Battery Replacement Costs for Settlement Class Vehicles that have exceeded five (5) years or sixty thousand (60,000) miles on the Notice Date, for a duration of three (3) months from the Notice Date without regard to mileage.

The warranty extension for first battery replacements is non-transferable and limited to the first-time owner/lessee of the Settlement Class Vehicle.

For any subsequent battery replacements beyond the original, Subaru will cover: 

• 100% of the Battery Replacement Costs up to a period of five (5) years or sixty thousand (60,000) miles (whichever comes first) from the In-Service Date of the Settlement Class Vehicle, regardless of the number of battery replacements the Settlement Class Vehicle has already received;
• 80% of the Battery Replacement Costs up to a period of seven (7) years or eighty-four thousand (84,000) miles (whichever comes first) from the In-Service Date of the Settlement Class Vehicle; or
• 60% of the Battery Replacement Costs up to a period of eight (8) years or one hundred thousand (100,000) miles (whichever comes first) from the In-Service Date of the Settlement Class Vehicle.

If you have repairs performed on your Settlement Class Vehicle pursuant to the Extended Warranty, you cannot opt out of or exclude yourself from the Settlement Class. You cannot recover more than one benefit or reimbursement for the same repair. 

Pre-Notice Qualifying Reimbursable Expenses:  Unless a Pre-Notice repair was previously reimbursed, a cash reimbursement may be available if you paid out-of-pocket costs for: 

1. Pre-Notice battery replacements and battery testing and diagnosis performed by an Authorized Subaru Retailer, on a Settlement Class Vehicle in connection with a Qualifying Battery Condition; and/or 
2. Pre-Notice towing services in connection with a Qualifying Battery Condition on a Settlement Class Vehicle. Reimbursements for Pre-Notice Qualifying Reimbursable Repair(s).

Refer to the Subaru Battery Drain Settlement Agreement, or the FAQs page on the Subaru Battery Settlement’s official website for more details on the rates agreed to for these expenses.  

Reimbursement of Pre-Notice Third-Party Repairs:  If you previously presented your vehicle to an Authorized Subaru Retailer or contacted Subaru’s customer service division regarding the battery-related issue, you may be entitled to reimbursements for payments made to independent third parties for: 

1. Pre-Notice battery testing, diagnosis, and replacements on a Settlement Class Vehicle in connection with a Qualifying Battery Condition; and/or
2. Pre-Notice towing services in connection with a Qualifying Battery Condition on a Settlement Class Vehicle.

Free Reflash: If you experienced a Qualifying Battery Condition, and have not already received a Reflash, you may be eligible to receive the Reflash during the approved Retailer visit at no charge through the duration of the Extended Warranty period. However, to receive the free Reflash, you must fill out the Request for Settlement Extended Warranty Battery Service Form here.

If you have already received and paid for the Reflash and were not previously reimbursed, you are entitled to receive 100% reimbursement for expenses incurred for the Reflash. 

Reimbursements for Extraordinary Circumstances:  If you paid out-of-pocket for two or more battery failures within five years and sixty thousand miles from the In-Service Date of the Settlement Class Vehicle, you may claim a cash reimbursement for the same. If you got stranded due to a battery failure, you could claim up to 140% of certain reasonably related costs you incurred within 48 hours of the battery failure. Recoverable expenses include hotel expenses, meals, equipment purchased to sustain battery operation, and other expenses reasonably related to the battery failure. Additionally, you may also get a Subaru service coupon for $140 if you file a valid claim under this section.

After-modified Exclusions: Vehicles with certain after-modified electronic components which impair the electronics or battery performances have been excluded from the benefits of the settlement. Exhibit H of the Settlement Agreement enlists all the after-modified electronic components which are excluded from the Settlement benefits. 

You must submit your claims by May 5, 2023, to be eligible to receive a cash reimbursement under this settlement.

How can you recover money from this Settlement?  

To receive money from this settlement, you must submit a Claim Form before the deadline.

• Submit a claim online by filling up this form, on the Official Settlement Website.
• You may click here to download the Claim form. Complete, print, sign, and date the Claim Form. Keep a copy of the completed Claim Form for your own records. Mail or email the Claim Form with the required documentation to the Settlement Administrator at: Subaru Battery Settlement Administrator, c/o JND Legal Administration, P.O. Box 91305, Seattle, WA 98111.
• You may also email the completed claim form to [email protected].

The proposed deadline for filing a claim is May 5, 2023. Please note that the Settlement is subject to the final approval of the Court. A Fairness Hearing is scheduled on Jan 24, 2023. You may visit the Case Status page on the official settlement website to stay up-to-date about the result of the hearing.

Where can you get more information about this?  

For more information, visit the FAQ page on the official settlement website.  

You can also contact the Settlement Administrator: 
By email at: [email protected]
By mail at this mailing address:  
Subaru Battery Settlement
c/o JND Legal Administration
P.O. Box 91305
Seattle, WA 98111
Or you may call the Settlement Administrator at 855-606-2625 (Toll-Free)