What Must I Prove At The Arbitration Hearing?
The arbitrator will ask you which of the categories your claim is based upon:
- 2 attempts to diagnose or repair a serious safety defect;
- 4 attempts to diagnose or repair a nonconformity; or
- 30 or more cumulative days outofservice for diagnosis or repair of one or more nonconformities and serious safety defects.
Your claim may be based on one or more defects and cover multiple categories. Plan your presentation to show how your vehicle meets all the requirements and definitions of a category as described in the law. Presenting problems which do not fit in those categories will not help your case and may confuse the important issues.
For each nonconformity or serious safety defect you must be prepared to prove to the arbitrator that:
- the defect continues to exist (except for days outofservice);
- the defect meets the definition of a serious safety defect, or nonconformity;
- the required minimum number of diagnostic or repair attempts have been made to the vehicle, with at least one attempt occurring under the manufacturer`s written warranty and within the Lemon Law warranty period.
If you are claiming 30 or more cumulative days outofservice due to diagnosis or repair of one or more nonconformities and serious safety defects, you must be prepared to show that:
- each defect meets (or did meet) the definition of a nonconformity or serious safety defect;
- at least 15 of the 30 or more days occurred under the manufacturer`s warranty and within the Lemon Law warranty period
The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.
Additional Lemon Law Articles
- What Is The Lemon Law?
- What Vehicles Are Covered Under The Lemon Law?
- What Vehicles Are Not Covered Under Lemon Law?
- What Is A Lemon?
- What Is The Warranty Period?
- I Have A Lemon. What Should I Do?
- What Information Needs To Be Included On The Request For Arbitration Form?
- What Is An Arbitration Hearing?
- Scheduling An Arbitration Hearing
- Who Will Attend The Arbitration Hearing?
- What Records Do I Need For Arbitration?
- How Can I Get Missing Documents?
- Do I Need An Attorney?
- What Happens After I Request An Arbitration Hearing?
- What Is The Manufacturer's Statement?
- What Is The Manufacturer's Right To View The Vehicle?
- What If My Claim Is Resolved Before The Hearing?
- When Does The Arbitration Decision Take Place?
- Replacement Or Repurchase?
- What If I Am Awarded A Replacement?
- What If I Am Awarded A Repurchase?
- What Is An Offset For Use?
- What Is Compliance And What Am I Required To Do When Returning The Vehicle?
- Where Can I Get More Information About The Lemon Law And Obtain Request For Arbitration Forms?
- Where Can I Get Lemon Law Arbitration Videos And Tapes?