A car purchase is an act of faith. You place your trust in the auto manufacturer, and you also trust that the manufacturer is selling you a reliable car. Betraying that trust may be more than a minor incident, it could be deadly.
The Federal Highway Administration reports that mechanical failures cause 2% of auto accidents. That’s why it’s important for consumers to hold auto manufacturers accountable for selling defective cars or trucks in Hawaii.
Thankfully, the Hawaii Lemon Law protects consumers and provides relief for defective cars.
Below, our Hawaii Lemon Law Attorneys discuss your rights under the HI Lemon Law.
What Is a Lemon?
Basically, a “lemon” is any car with a defect or condition that meets any of these lemon law requirements:
- The defect or condition substantially impairs its use, value, or safety
- Three repair attempts to repair a defect or condition, or
- One attempt to repair a defect or condition that can cause a bodily injury, or
- The car is out of service for 30 days or more
In order for the lemon law to apply, the vehicle must have been purchased or leased new in Hawaii. In addition, the lemon law also includes cars transferred to a second purchaser while the manufacturer’s written warranty was still in effect.
The HI Lemon Law can be found in Hawaii Revised Statutes Chapter 481I.
What You Can Get Under the Hawaii Lemon Law
The Hawaii Lemon Law allows you to sue the auto manufacturer if it sold you a defective vehicle that was unusable, unsafe, or otherwise no longer valuable. Only vehicles used for personal, family, or household use are covered under the lemon law.
Mopeds or motor scooters, or vehicles over ten thousand pounds, are not protected under the HI Lemon Law
The Hawaii Lemon Law gives you two options:
- First is a refund equal to the full replacement value of the vehicle. This includes the down payment, the loan payments, the value of the trade-in (if that’s what you bought the car for), as well as coverage for the outstanding debt on the loan.
- The second option is to replace the vehicle with one of equal or greater value from the dealer
Although you can file a claim yourself, it is probably easier, and safer, to do so through counsel. With counsel, you will have a greater chance of obtaining everything you deserve.
How Long You Have to File a Lemon Law Claim
Hawaii’s lemon law establishes a “Lemon Law Rights Period.” That period is defined as the term of the manufacturer’s express warranty, two years after the vehicle’s delivery to the consumer, or the first 24,000 miles of operation; whichever is sooner
The HI Lemon Law protection is available under the following conditions:
- The vehicle was subject to 3 or more repairs within the Lemon Law rights period, that being the term of the warranty or 24,000 miles of ownership whichever occurs first.
- The vehicle was subject to 1 repair for a condition that could cause a serious bodily injury within the lemon law rights period
- The vehicle remains inoperable or out of service for 30 days or more during the lemon law rights period.
If your vehicle qualifies for HI Lemon Law relief you must send a letter via certified mail to the manufacturer during the lemon law rights period.
However, if you did not receive the lemon law rights statement at the purchase of the car you do not have to send written notice to the manufacturer.
The Lemon Law Attorneys Serving Hawaii
The Hawaii Lemon Law Firm of David J. Gorberg and Associates, at 1-800-MY-LEMON or locally at 1-808-464-6160 is Honolulu, Hawaii’s Lemon Law Firm providing free HI Lemon Law help to clients across the state of Hawaii.
Our Honolulu lemon law office is located at 1050 Queen St., Suite 100 Honolulu, HI 96814.
Our Lemon Law attorneys have provided lemon law help to Hawaii residents with defective cars throughout Honolulu and Honolulu County including the adjacent cities of Pearl City, Kaneohe, Mililani Town, Kailua, Haleiwa, and Kaneohe.
Call 808-464-6160 or use our contact form to get your free consultation today.
Let’s discuss your Hawaii Lemon Law options as soon as possible.