The arbitration process in the lemon law is not that complicated compared to court trials. This is because a judge and a jury are not needed to decide on the matter. The individuals that will hear the case have an automotive and legal background so they know what details to look at in making a decision.
If you are the customer who wants arbitration, you need to complete the form, have copies of all the designated documents including the written request to the manufacture to get a refund or replacement, file for a request for arbitration within 1 to 2 years of the vehicle’s original delivery date and pay the filing fee. Should your request for arbitration be denied, a letter will be sent to you explaining why. If it is approved, the only thing to do now is show up on the date of the hearing.
Arbitration does not need counsel but if you are not comfortable, then you can hire someone. When the hearing begins, the arbitrator will ask which category of your claim is the lemon law based.
Is it a serious safety defect that has undergone at least 2 repair attempts, is it to repair a nonconformity that has had 4 attempts or is your claim based on the fact that your vehicle has been out of service for more than 30 days?
Your claim can be based on one or more defects that have to be backed up by the documents like repair work and maintenance reports. These papers will show the exact nature of the problem, the mileage of the vehicle, the dates which the vehicle was in and out of the shop. You may also provide expert witnesses to testify in your behalf as this will bolster your claim.
Within a matter of days, the panel should already be able to come up with a judgment. If they rule in your favor, then chances are you will be given the choice whether to get a replacement vehicle or get a refund. The manufacturer can appeal this decision and you can also do the same if you are not happy.
If the appeal is denied, this is the only time that you can bring this matter to the court. You will have to get a lawyer for this so he or she can brief you on how this is done. The end result is the same because if you win, you can get your money back or another car.
Sometimes, the hearing will even happen if the manufacturer decides to contact you and makes you an offer. In fact, customers and manufacturers are encouraged rather than going through a hearing. Before you make a decision, you should see what they have to offer in writing before agreeing to anything.
Customers who decide to withdraw their claim can only do this once because you are not allowed to re-file later on the same grounds.
There are two kinds of arbitration when it comes to the lemon law. The first is the state sponsored while the second is a program set up by the manufacturer. You don’t have to go through the one organized by the manufacturer if it is not certified by the state so if the state sponsored one does not produce anything good, then it is time to settle this in court.
Lemon Law Related Articles
- The Lemon Law in Washington
- A Guide to Lemon Law Attorneys Southern California
- Finding the Right Lawyer to Represent You in a Lemon Law Suit
- Four Ways to Look for Lemon Law Lawyers
- Georgia Lemon Law for Dummies
- How to work with Lemon Law Attorneys, Los Angeles
- Lemon law attorneys, California: Qualities to look for
- Lemon Law in Arkansas
- Lemon Law in Florida
- Lemon Law in Rhode Island
- Lemon Law in Wisconsin
- The Arbitration Process in the Lemon Law
- The California Lemon Law
- The Deal about Lemon Law Lawyers San Diego
- The Lemon Law
- The Lemon Law in Illinois
- The Lemon Law in New Jersey
- The Lemon Law in New York
- The Lemon Law in Texas
- The Massachusetts Lemon Law
- Things to Remember for Used Car Lemon Law
- Tips about Lemon Law Attorneys San Diego
- What is the Lemon Law
- What You Need To Know About Lemon Law Lawyers California
Each state has its own interpretation of the lemon law and vehicles can only be covered in the state of Arkansas if it was bought, leased and registered there.
The Arkansas lemon law is only valid up to two years after the original date of delivery of the vehicle or the first 24,000 mile whichever comes last. If you decide to sell the vehicle, the one who gets it will still be covered under the lemon law.
Vehicles covered under the lemon law do not include the living quarters of mobile homes or trucks that exceed 10,000 pounds gross weight rating.
For you to claim under the lemon law, manufacturers should be given at least 1 repair attempt if the defect may cause death or serious injury or 3 attempts for the same defect or 5 attempts for separate problems or 30 days out of service.
If you did not give the manufacturer ample time to fix the problem, they can argue that the time given was unreasonable and you may not be able to get a refund or a replacement. The lemon law may also not apply if damage to the vehicle was caused by your personal negligence.
In order for you to prove that your car is a lemon, you should report any problems directly to the manufacturer. Naturally they will try to fix the problem so keep all the receipts and any correspondence with them. It should state here that nature of the problem, the time it was brought in and picked up, repair work performed, odometer reading and the charges for parts and labor.
Let’s say repairs were done but nothing changes. When this happens, you have to give the manufacturer one last attempt before you can file a claim under the lemon law. You first have to send the manufacturer a final notice stating that unless they fix the problem, you have no choice but to file a claim against them.
It may come to a point where they have tried their best and decide to settle by offering you a replacement vehicle. If you decide to do this, you should not accept a refinancing agreement because it will create a financial obligation that is way beyond the original agreement.
You should instead demand a refund. Here, you will receive the full purchase price of the vehicle minus a reasonable allowance for vehicle use. The same happens if the vehicle was leased thus this agreement ends so you should not be charged any penalties for ending it early.
Some manufacturers will not refund or replace your vehicle. When this happens, you have to file for a hearing through the manufacturer’s informal dispute settlement program before you can bring this matter to court.
No fees are paid during the settlement program. You simply have to submit your complaint together with a copy of your documents. A decision will be made after 40 days and you can accept or reject the decision. If you accept, the manufacturer has to comply within 30 days.
If you are not satisfied, you can assert your right in court as the lemon law allows by getting the help of a lawyer. If you win, you are given the choice to get a refund or a replacement vehicle.
Lemon Law Related Articles
- The Lemon Law in Washington
- A Guide to Lemon Law Attorneys Southern California
- Finding the Right Lawyer to Represent You in a Lemon Law Suit
- Four Ways to Look for Lemon Law Lawyers
- Georgia Lemon Law for Dummies
- How to work with Lemon Law Attorneys, Los Angeles
- Lemon law attorneys, California: Qualities to look for
- Lemon Law in Arkansas
- Lemon Law in Florida
- Lemon Law in Rhode Island
- Lemon Law in Wisconsin
- The Arbitration Process in the Lemon Law
- The California Lemon Law
- The Deal about Lemon Law Lawyers San Diego
- The Lemon Law
- The Lemon Law in Illinois
- The Lemon Law in New Jersey
- The Lemon Law in New York
- The Lemon Law in Texas
- The Massachusetts Lemon Law
- Things to Remember for Used Car Lemon Law
- Tips about Lemon Law Attorneys San Diego
- What is the Lemon Law
- What You Need To Know About Lemon Law Lawyers California