Can I Settle My Case Without Going To Arbitration?

Yes, if the manufacturer offers you a settlement of your case, you are free to negotiate with the manufacturer regarding the terms of the settlement, and you are free to accept a settlement. In that situation, you will no longer need to go through the arbitration and risk losing your case. However, it is wise to get the terms in writing before withdrawing from the arbitration process. You must communicate directly with the manufacturer`s representative to obtain concrete figures and information on all the terms of the settlement. If the terms are unclear to you, you should persist in clearing them up to your satisfaction. Make sure you provide any requested paperwork to the manufacturer on a timely basis to expedite the settlement process. As soon as you have confirmed the agreedupon terms, you should contact the SCAP Administrator. Your $50.00 will not be refunded as it defrays the administrative costs of the program.

Please note that if you have accepted a settlement offer and the manufacturer does not comply with the settlement, you may need to consult with an attorney to find out how to enforce the settlement agreement in court.

Other Hawaii Lemon Law FAQs

Q: How Does The Lemon Law Work?
A: The Hawaii Lemon Law helps consumers who buy or lease new motor vehicles and have repeated problems in getting their vehicles repaired under the manufacturer`s … More
Q: Is My Vehicle Covered Under The Lemon Law?
A: Your vehicle may be covered if it is: a new car, including a demonstrator model. This also includes a car transferred to a second purchaser while the manufacturer`s … More
Q: Is My Car A Lemon?
A: Your car may be declared a lemon after going through arbitration if it meets all of the following conditions: it has a nonconformity (a defect, malfunction, or … More
Q: When Does The Lemon Law Rights Period Expire?
A: Assuming the express warranty is still in effect, the Lemon Law Rights Period expires two years after the date of the original delivery of the car to you or the first … More
Q: Is My Car's Nonconformity A Substantial Impairment?
A: The nonconformity you are alleging must substantially impair your car`s use, safety, or value. Substantially impairs means to render the car unfit, unreliable, or … More
Q: How Many Repair Attempts Do I Have To Allow?
A: One or more of the following presumptions should apply to your car: Three times presumption you took your car in for repair for the same nonconformity at least three … More
Q: What Should I Do If I Think I Qualify For Arbitration?
A: Letter to manufacturer. Send a letter by certified mail, return receipt requested to the manufacturer within the Lemon Law Rights Period. Send it to the address given … More
Q: How Should I Prepare For The Arbitration?
A: Collect and organize your evidence. For example, arrange repair orders by date. If you are asking for collateral charges * (such as tinting costs) or incidental … More
Q: Where Do I Go For The Lemon Law Arbitration Hearing?
A: Hearings on Oahu are held at 235 S. Beretania Street, 9th Floor. Neighbor island hearings are held at various locations on those islands.
Q: How Long Will The Hearing Take?
A: Hearings usually last from two to four hours depending on the complexities of the case and whether attorneys or witnesses are involved.

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