Pursuing a New Hampshire Lemon Law Claim

Under New Hampshire Lemon Law, you must file a claim with the New Hampshire New Motor Vehicle Arbitration program within one year after the manufacturer's warranty has expired. When filing for arbitration, you must use New Hampshire's Demand for Arbitration form, submit a $50 fee, and submit copies of your purchase or lease invoice, retail installment contract, manufacturer's express warranty, vehicle registration, proof of current insurance, and all work orders, repair orders, receipts, or reports on work performed on your vehicle by an authorized dealer, along with any other documents that you will be using to support your claim. You must also send a copy of the form and all supporting documents to the vehicle manufacturer.

If your Demand for Arbitration is accepted by the NH New Motor Vehicle Arbitration Board, a hearing will be scheduled within 40 days of acceptance. The MVAB has 30 days from the date of your hearing to issue a written decision. If you win, the manufacturer has 30 days from the date of the written decision to comply with or appeal the MVAB's order. If you lose, you have 30 days to file an appeal with the Superior Court.

Wherever you are in the Lemon Law claim process, it is generally in your best interest to have an attorney represent you. After all, vehicle manufacturers have teams of lawyers that do nothing but fight Lemon Law claims. As you consider your options, imagine the difference between going up against a team of lawyers on your own, versus having a Lemon Law attorney speak on your behalf. Also keep in mind that being represented by a Lemon Law attorney won't cost you a dime if you go to court; the law says that the car manufacturer has to pay your attorney's fees in successful Lemon Law claims.

The Arbitration Hearing

The New Hampshire New Motor Vehicle Arbitration program consists of an informal hearing before a five-person arbitration board that consists of consumers, auto dealers, and certified mechanics.

The Motor Vehicle Arbitration Board presides over your hearing. Both you and a representative from the manufacturer speak before the arbitrator. You will speak first. The attorneys for the manufacturer can question you; when the attorneys for the manufacturer speak, you can question them. You can bring and question witnesses. You should bring your vehicle to the hearing unless it is inoperable or unsafe to drive.

While the arbitration hearing is less formal than an actual court proceeding, you need to come prepared to present your case. You will need the records that outline all of the work done on your car and all of the diagnosed problems; an odometer reading; copies of correspondence with the dealer and/or manufacturer; statements from mechanics or other experts; statements from witnesses; appraisals or estimates of the resale value of the vehicle with its defects; and a variety of financial records. It is also important that you have your records in chronological order and ready to present to the arbitration board in an organized fashion.

You must prove to the arbitration board that the claims you are making are true, and that the defect negatively impacts the use, market value, or safety of the vehicle. It is absolutely vital that you bring proof of each and every point you plan on making. A "he-said-she-said" argument will never result in a ruling in your favor.

The MVAB has 30 days from the date of your hearing to issue a written decision. If you win, the manufacturer has 30 days from the date of the written decision to comply with or appeal the MVAB's order. If you lose, you have 30 days to file an appeal with the Superior Court.

Pursuing Lemon Law Litigation in Court

If you decide to hire a lemon attorney, it's likely that your case will proceed to court. The litigation process is usually divided into several stages, and your lawyer will do most of the heavy lifting for you.

Pre-Litigation

To avoid the delays and expenses associated with litigation, lawyers usually try to resolve most cases before going to trial. If a consumer doesn't have an attorney, most manufacturers don't resolve consumer complaints in the hope that the consumer won't pursue his or her case. Once you hire a lemon lawyer, however, manufacturers understand that they will ultimately be responsible for your attorney's fees, and so many settle cases before litigation even begins.

If a Settlement is Not Reached

If no satisfactory settlement is reached, litigation will begin. Read more.