Learn about the top 7 Hawaii Lemon Law mistakes to avoid when filing a claim
The process of filing a Hawaii Lemon Law claim can be complicated, especially if you are unfamiliar with the requirements.
Consumers who buy defective cars are protected under the Hawaii Lemon Law, however filing a successful claim requires important documentation and an understanding of the legal requirements.
We’ll cover the top 7 Hawaii Lemon Law mistakes to avoid when filing a claim, helping you strengthen your case and improve your chances of getting a full refund or new car.
1. Failing to Understand The Hawaii Lemon Law
It is not uncommon for consumers to not fully understand Hawaii’s Lemon Law. The Hawaii lemon law applies to new vehicles with defects that substantially impair their use, safety, or value. These defects must be subject to repair within the first two years or 24,000 miles of ownership, whichever comes first.
Under the Hawaii lemon law, used cars are also covered if the defects occurred within two years or 24,000 miles from when the vehicle was sold to the first owner. An auto manufacturer may deny a claim if the consumer fails to understand the Hawaii Lemon Law requirements.
It is important to ensure that your vehicle meets these requirements before filing a Hawaii Lemon Law claim. Knowing Hawaii’s Lemon Law will help you determine if your claim qualifies, so you don’t lose out on money.
2. Handling the Claim Without a Hawaii Lemon Law Attorney
It is possible to file a Lemon Law claim without hiring an attorney. The state of Hawaii has set up a lemon law unit called SCAP, which allows consumers to file claims, however many consumers don’t realize how complex the process can be. Filing a Hawaii Lemon Law claim can be challenging if you try to navigate it alone without an experienced Hawaii Lemon Law attorney.
For instance, you may overlook critical evidence, misunderstand the lemon law Hawaii requirements, or fail to negotiate effectively with the manufacturer. Having an experienced Hawaii lemon law attorney on your side is vital especially when facing a large auto manufacturers who hire experienced attorneys to defend the claim.
A Hawaii Lemon Law attorney on your side can assist you in gathering evidence, presenting a compelling case, and negotiating with the manufacturer. Hawaii Lemon Law attorneys work on a statutory fee basis, meaning they only get paid by the auto manufacturer if they win. You are more likely to succeed if you hire an experienced lemon law attorney than going it alone.
3. Not Keeping Proper Documentation
A common mistake in HI Lemon Law claims is failing to maintain repair records of repair attempts. Hawaii’s Lemon Law requires proof that the manufacturer or dealer was given a reasonable opportunity to fix the defect. Without proper documentation, your claim may lack the necessary evidence to succeed.
Keep copies of all repair orders, invoices, and receipts related to your vehicle. Ensure these documents include:
- The reported defect
- The repair work performed
- The vehicle’s mileage
- The dates of service
- Whether repairs were covered under warranty
Be sure to save any correspondence you have with the dealer or manufacturer, including emails and letters. This documentation provides a clear timeline and strengthens your case.
4. Waiting Too Long to File a Hawaii Lemon Law Claim
Timing is critical when filing a Hawaii Lemon Law claim. Under the Hawaii lemon law, defects must arise within two years or 24,000 miles, and there is a limited window to file a claim of 3 years from the date of purchase. Some consumers wait too long, hoping the issue will resolve itself or that additional repairs will be successful.
A Hawaii lemon law claim may be ineligible if it is not filed within 3 years of the date of original purchase. If a recurring defect remains unresolved after a reasonable number of repair attempts, it’s important to act promptly. Don’t wait—file your Hawaii lemon law claim as soon as you recognize a serious issue.
5. Misunderstanding the “Reasonable Number of Repair Attempts”
Many consumers are confused about what qualifies as a “reasonable number of repair attempts.” Under Hawaii’s Lemon Law, a defect is presumed unresolved if:
The manufacturer or dealer has attempted to repair the defect at least three times without success, OR
The vehicle has been out of service for 30 business days due to repairs.
Consumers often mistakenly think that a single failed repair attempt is enough to file a claim, but the law generally requires multiple repair attempts or the vehicle being out of service for more than 30 days. A clear understanding of the Hawaii lemon law requirements will help you in determining whether your claim is valid.
6. Failing to Send Written Hawaii Lemon Law Letter to Manufacturer
It is essential to communicate properly when filing a Hawaii Lemon Law claim. Many consumers fail to clearly state their concerns when reporting defects to the dealer or manufacturer, which can hurt their case.
When reporting a defect:
- Be clear and detailed about the issue
- Emphasize how the defect impacts the vehicle’s use, value, or safety
- Follow up with written communication (such as emails or certified letters)
Moreover, Hawaii’s Lemon Law requires consumers to notify manufacturers in writing of defects before filing a claim. If you fail to send a Written Hawaii Lemon Law Letter to the manufacturer, your claim will be denied.
7. Settling a Hawaii Lemon Law Claim for Less Than You Deserve
Manufacturers may offer settlements to resolve Lemon Law claims quickly, but many consumers accept settlements that do not fully compensate them for their losses. Although a quick settlement may seem appealing, it could stop you from filing a future lemon law claim if the defects persist.
If a settlement is offered, determine whether it adequately compensates you for the defect and inconvenience. Before agreeing to any Hawaii lemon law settlement (like a small warranty extension or small reimbursement), consult an Hawaii lemon law attorney. An experienced Hawaii lemon law attorney can help you negotiate a better lemon law settlement and also show you typical Hawaii Lemon Law Settlements.
Important Hawaii Lemon Law Requirements
A Hawaii Lemon Law claim requires careful preparation and documentation. In order to increase your chances of success under the Hawaii lemon law, you should avoid the 7 common Hawaii Lemon Law filing mistakes such as the following:
- Not knowing the Hawaii Lemon Law Requirements
- Lacking all the repair orders
- Not filing within 3 years from the original date of purchase by the first owner
- Failing to send written Hawaii lemon law notification to the manufacturer
- Handling the claim without a Hawaii lemon law lawyer
- Settling for less than you deserve.
It is important to educate yourself about Hawaii’s Lemon Law and to consult a Hawaii lemon law lawyer in order to navigate the process with confidence.
The Hawaii Lemon Law Lawyer
The Hawaii Lemon Law firm of David J. Gorberg & Associates, with offices located in Honolulu, has represented many clients throughout Hawaii, including all islands of Oahu, Maui, Kauai, Big Island and Lanai.
With offices located at 1050 Queen Street in Honolulu, Five Star Google Reviews, numerous HI Lemon Law Settlements and member of the Hawaii Trial Lawyers Association, we are the lawyers to turn to for your Hawaii Lemon Law case.
Contact us today for free Hawaii lemon law help.
