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