You might ask yourself, "What could possibly go wrong with living in a
paradise like Hawaii?"
Clearly, you haven't been watching "Hawaii 5-O!" Even life in paradise
can come with its fair share of headaches. Just like folks on the
mainland, Hawaii car owners have dealt with having their brand new cars
turn out to be lemons.
To help Hawaii residents deal with defective cars, the state set up the
State Certified Arbitration Program or SCAP. You can find all the
legalese regarding this law under the Hawaii Revised Statutes Chapter
4811. This is a simple process established to bring car owners and car
makers together to resolve the issues with a defective car. If it means
a trip to Hawaii, you can bet the car makers will be flying out to
resolve the matter in person.
Hawaii Lemon Law Qualifications
You can apply for a SCAP proceeding if your car is newly purchased with
the manufacturer's warranty still in effect. The car can be the family
car or a company car, but it has to have been bought and registered in
Hawaii. The Hawaii Lemon Laws won't cover mopeds, motor scooters or
motorcycles.
We should always keep records of our car's repairs. This is especially
true for a car with constant repair issues that might be headed to the
lemon court. The defect for a lemon would have to be something that was
caused in the original making of the car and not necessarily from your
use. In other words, if you took the car off road and banged up the
axle, that's on you!
As for the lemon repair, you must have tried at least three times to
get the issue fixed. After that you're definitely in the lemon zone.
Once that happens, you'll have to notify the car maker by certified
mail and give them once more shot at fixing your car. Beyond that it's
time for arbitration.
Hawaii Lemon Law Arbitration Procedures
Your first option with arbitration will be to decide if you want
binding or non-binding. As you can imagine, with binding arbitration,
the decision of the panel is final. In the case of non-binding, either
side can appeal within 30 days of the final decision. Keep in mind that
if you picked non-binding arbitration then file an appeal and lose, you
will be responsible for any court costs and lawyers fees. That is not a
bill you want to be stuck with!
At the arbitration proceeding, you will be allowed to present your
case. This is where all those well kept notes of the car's repair
history come into play. You can even present your own expert witness in
the form of your mechanic. The car maker will have their turn to
present the response to your lemon claims.
Once the panel has heard both sides, they will have 45 days to issue a
ruling. You'll be notified by certified mail. That's when you'll be
told if you qualify for a complete refund or a replacement. If you went
for the binding arbitration and had the ruling in your favor, then the
car maker will have to step up to the plate within 40 days. If they
don't comply, then yes, you'll be able to say, "Book 'em, Danno!"