Hawaii SCAP / Lemon Law Information
The Hawaii Lemon Law applies when, during the manufacturer warranty, the first two (2) years, or 24,000 miles (whichever comes first), following delivery of a new vehicle:
- the dealer has attempted to repair the same problem three (3) or more times, or
- the dealer has attempted to repair a defect that is likely to cause "death or serious bodily injury" at least one (1) time, or
- the vehicle has been out of service for repairs at the dealership for a cumulative total of 30 or more business days.
To qualify for the Hawaii Lemon Law, the problem must not have been caused by owner abuse or negligence, or by any unauthorized modifications or alterations made to the vehicle.
In Hawaii, the Lemon Law process is done through a State Certified Arbitration Program, rather than through the court system. However you may still (and probably should) be represented by an attorney. See the links below for more information.Hawaii State Certified Arbitration Program (SCAP) information (video available) » Lemon Law Links from the Dept. of Commerce & Consumer Affairs »
Helpful Lemon Law Tips
Most states require you to notify the dealer and the manufacturer that you have a Lemon Law claim. Always use Certified Mail with Return Receipt.
If the manufacturer has an informal mediation or dispute resolution process, most states require you to do that first before pursuing litigation. However, you should contact a lawyer immediately.
Most lawyers will not charge you for an initial consultation or legal fees for Lemon Law arbitration. If they decide you have a case, normally the manufacturer is forced to pay your legal costs.