Pursuing a Washington Lemon Law Claim

Under Washington Lemon Law, within two years after the delivery date of the vehicle or 24,000 miles on the odometer, you must notify the manufacturer in writing of the problem and request a refund or a replacement vehicle. The manufacturer has 40 days to respond to your request.

You must also participate in the manufacturer's informal dispute resolution process or the Washington Attorney General's arbitration program before you are eligible to file a Lemon Law claim in court. You must submit a Request for Arbitration Form with the Attorney General's office within 30 months of the vehicle's original delivery date, whether or not you have heard back from the manufacturer.

Along with your Request for Arbitration form, you need to submit a variety of paperwork, including copies of your purchase or lease agreement, your title and registration documents, repair orders, and so forth.

Once your Request for Arbitration is accepted, a hearing will be scheduled. It must be scheduled within 45 days of receipt of your request. The manufacturer must provide you with a written statement outlining their side of the case within 10 days of acceptance of your request. The manufacturer has a right to inspect your vehicle prior to the hearing.

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

In the State Arbitration Board hearing, panel members who are 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 panel. 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 panel in an organized fashion.

You must prove to the panel 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 panel must issue a decision within 60 days from the date it receives your Request for Arbitration. You have 60 days to accept or reject the decision. If you accept it, the manufacturer has 40 days to comply with the decision, or 30 days to file an appeal with the Superior Court. If you disagree with the decision, you have 120 days to file an appeal in 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.