Pursuing a Rhode Island Lemon Law Claim

Under Rhode Island Lemon Law, within one year after the delivery date of the vehicle or 15,000 miles on the odometer (whichever comes first), you must notify the manufacturer in writing of the problem. After four repair attempts, you must give the manufacturer one final attempt to repair the vehicle (even if the repair attempt occurs after the one year/15,000 mile period).

You must also participate in the manufacturer's informal dispute resolution process (if one exists) or the Rhode Island Motor Vehicle Arbitration Board before you are eligible to file a Lemon Law claim in court.

In order to participate in a Motor Vehicle Arbitration Board hearing, you must file a request for arbitration and pay a $20 nonrefundable filing fee. The Board will notify you whether your request is accepted or rejected within 10 days after they receive it. At the same time, you must send in copies of your sale or lease agreement; receipts for manufacturer- or dealer-installed options; receipts for sales tax, license and registration fees, finance charges, towing, and car rental; proof that the manufacturer received your notification; your vehicle's warranties, repair orders, and service records; and any other relevant expenses.

If your request is accepted, a hearing will be scheduled within 45 days. The arbitration panel will consist of three people, although they may also bring in an expert mechanic to weigh in. Following the hearing, the panel has 10 days to make a decision, and will notify you by mail. If the panel finds in your favor, you have five days to accept or reject their decision. If you accept the decision, the manufacturer has 30 days to comply.

If the arbitration panel does not find in your favor, or you reject the decision of the panel, you can take the manufacturer to court. However, you must do so within three years of the original date of delivery of the vehicle or within two years of the date the vehicle reached 15,000 miles on the odometer, whichever comes first.

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 Manufacturer's Arbitration Hearing

Typically, a manufacturer's dispute resolution process involves an arbitration hearing.

In the hearing, an arbitrator who is trained and experienced in dealing with Lemon Law claims will preside 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; proof that the manufacturer has had the opportunity for one final attempt at repair; and a variety of financial records. It is also important that you have your records in chronological order and ready to present to the arbitrator in an organized fashion.

You must prove to the arbitrator 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.

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.