What Must I Prove At The Arbitration Hearing?

At the hearing you must establish that your vehicle is eligible and that the manufacturer received your written request for repurchase or replacement of the vehicle.

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

Other Washington Lemon Law FAQs

Q: What Is The Lemon Law?
A: The Washington State Motor Vehicle Lemon Law is designed to help new vehicle owners who have substantial continuing problems with warranty repairs. The law allows the … More
Q: What Vehicles Are Covered Under The Lemon Law?
A: The law covers most classes of motor vehicles including demonstrators which have an original retail purchase or lease in Washington and are originally registered in … More
Q: What Vehicles Are Not Covered Under Lemon Law?
A: The law does not cover problems caused by owner abuse or negligence, or any unauthorized modifications or alterations made to the vehicle. Nor does the Lemon Law cover … More
Q: What Is A Lemon?
A: Your vehicle may qualify as a lemon if it has one or more substantial defects that have been subject to a reasonable number of attempts to diagnose or repair the … More
Q: What Is The Warranty Period?
A: To determine whether you have a claim under Lemon Law you will have to determine whether at least one attempt to diagnose or repair each defect occurred under the … More
Q: I Have A Lemon. What Should I Do?
A: Gather all your documents, records, and repair reports and organize them. Evaluate how your vehicle qualifies as a lemon based on your records. Write to the … More
Q: What Information Needs To Be Included On The Request For Arbitration Form?
A: When completing the form, clearly describe each defect, when each attempt to diagnose or repair occurred, the mileage on your vehicle at the time of each attempt, the … More
Q: What Is An Arbitration Hearing?
A: Arbitration hearings are much less complicated than court trialsthere are no formal rules of evidence or court procedures, and the hearings are designed to be as easy … More
Q: Scheduling An Arbitration Hearing
A: On the Request For Arbitration form you are asked to state a preferred time for the hearing. IT IS VERY IMPORTANT TO CONSIDER THIS CAREFULLY. IT IS VERY DIFFICULT (AND … More
Q: Who Will Attend The Arbitration Hearing?
A: Hearings usually will be attended by you and any witnesses, a manufacturer`s representative, any manufacturer witnesses, and the arbitrator. All hearings are open to … More