Welcome to the Informational Website for the Subaru Settlement*
Coronavirus (COVID-19) Update
The settlement was approved by both the Ontario and Quebec courts. However, the Coronavirus (COVID-19) pandemic has recently caused court closures and the suspension of procedural time periods in Quebec. As a result, the 30 day period to appeal the Quebec settlement approval order has been suspended until further notice.
Claim reviews and payments of eligible claims will not begin until after procedural timelines have passed.
Given the fluidity of the coronavirus pandemic, we are closely monitoring developments. However, subject to government direction, we do not anticipate any additional disruptions regarding this class action at this time.
While our call centre remains fully operational, recent surges in land line and cellular phone services by Canadians is saturating national service providers’ networks and may cause disruption to call centre services, resulting in longer queue times. As an alternative you may wish to contact our office by email.
Please continue to monitor this website for additional updates.
The Class Actions allege that certain automotive companies, including Subaru, manufactured, distributed, or sold certain vehicles containing allegedly defective Takata airbag inflators manufactured by Defendants Takata Corporation and TK Holdings, Inc. that allegedly could, upon deployment, rupture and expel debris or shrapnel into the occupant compartment and/or otherwise affect the airbag's deployment and that the plaintiffs sustained economic losses as a result thereof.
Subaru denies that it committed any violations of law, engaged in any unlawful act or conduct, or that there is any basis for liability for any of these allegations.
The Courts did not decide which side was right and the defendants deny the allegations. Instead, the parties agreed to settle.
Who is a Class Member?
The Class Members consist of all persons, entities, or organizations resident in Canada who own, owned, lease or leased a Subaru or Saab Subject Vehicles as of the Takata Airbag Inflator Recall(s) dates other than Excluded Parties.
What does the Settlement provide?
The Settlement offers: (1) payments for certain out-of-pocket expenses, (2) a Customer Support Program, and (3) an Outreach Program. To view each of these benefits in detail please see the Frequently Asked Questions.
Class Member Options
|You may:||Date/Claim Period|
|FILE A CLAIM FORM(S) FOR CERTAIN OUT -OF-POCKET EXPENSES|
This is the only way that you can receive cash payments for which you may be eligible from the Out-of-Pocket Claims Process prior to the Final Claim Deadline.
There are different deadlines to file a claim depending on your situation. The column to the right explains those deadlines. The date of the Final Court Approval, when known, will be posted on the Settlement website.
(a) If you had the Recall Remedy performed on your Subject Vehicle as of Final Court Approval, you have one year from Final Court Approval to submit a Claim Form;
(b) If, after April 11, 2013 and before the Final Court Approval, you sold or returned, pursuant to a lease, a Subject Vehicle that was recalled under the Takata Airbag Inflator Recall prior to Final Court Approval, you have one year from Final Court Approval to submit a Claim Form; and
(c) If you bring your Subject Vehicle to a Subaru Dealer to have the Recall Remedy performed after the Final Court Approval, you have one year from Final Court Approval or one year from the date of the performance of the Recall Remedy on your Subject Vehicle, whichever is later, to submit a Claim Form.
|ELIGIBLE OUT-OF -POCKET EXPENSES|
The column on the right lists the types of expenses that may be eligible for a cash payment from the Out-of-Pocket Claims Process, provided that you submit a Claim Form as discussed above and the necessary supporting documentation.
For more information on what supporting documentation you will need to submit, please visit www.autoairbagsettlement.ca.
1. Rental car, or other alternate transportation expenses, necessarily incurred and directly associated with the drop off and/or pickup of your Subject Vehicle to/from a Subaru Dealer for performance of the Recall Remedy incurred prior to November 1, 2019 and after the Takata Airbag Inflator Recalls date(s).
2. Towing charges to a Subaru Dealer for completion of the Recall Remedy incurred prior to November 1, 2019 and after the Takata Airbag Inflator Recalls date(s).
3. Childcare expenses necessarily incurred and directly associated with the drop off and/or pickup of your Subject Vehicle to/from a Subaru Dealer for performance of the Recall Remedy incurred prior to November 1, 2019 and after the Takata Airbag Inflator Recalls date(s).
4. Out-of-pocket costs necessarily incurred and directly associated with repairing driver or passenger front airbags containing Takata PSAN inflators and incurred prior to November 1, 2019 and after the Takata Airbag Inflator Recalls date(s).
5. Lost wages resulting from lost time from work directly associated with the drop off and/or pickup of your Subject Vehicle to/from a Subaru Dealer for performance of the Recall Remedy.
|OBTAIN OTHER SETTLEMENT BENEFITS|
If you are a Class Member, you may register with the Settlement Notice and Claims Administrator in order to receive information on the Outreach Program.
Subaru shall provide the Customer Support Program that will provide prospective coverage for repairs and adjustments for the Takata phase-stabilized ammonium nitrate or “PSAN” inflators and their replacements installed through the Recall Remedy.
Class Members should, but are not required to, register to receive information on the Outreach Program.
You will automatically receive the benefits of the Customer Support Program; there is no need to register for it.
Ask to get out (opt out) of the class action. If you do this, you are not entitled to any of the settlement benefits, but you keep your right to sue Subaru about the issues in your own lawsuit.
January 17, 2020
|OBJECT OR COMMENT|
Write to the Court about the proposed settlement.
February 3, 2020
|APPEAR IN THE LAWSUIT OR GO TO THE APPROVAL HEARING(S)|
You are not required to enter an appearance in the lawsuit in order to participate in the proposed settlement approval hearing(s), but you may enter an appearance on your own or through your own lawyer in addition to filing an objection if you do not opt out. You can also ask to speak in Court at the approval hearing(s) about the proposed settlement, if you have previously filed an objection and submitted a timely notice of intention to appear at the approval hearing(s).
February 3, 2020 (appearance deadline)
February 11, 2020 at 10 a.m. (Ontario Approval Hearing)
February 17, 2020 at 9 a.m. (Quebec Approval Hearing)