26-239 C.M.R. ch. 106, § 17 - DAMAGED VEHICLES

Current through 2022-14, April 6, 2022

A. Damage by consumer. If a vehicle that is the subject of arbitration has suffered damage beyond reasonable wear and tear through no fault of the dealer or manufacturer, and that damage is unrelated to the defect, the consumer must either:

1. Repair the damage;

2. Pay to the manufacturer the reasonable costs of repair; or

3. Allow a deduction from the award for the reasonable costs of repair.

B. Notice by consumer. The consumer must notify the manufacturer and the Lemon Law Arbitration Program of the existence and nature of such damage before the hearing, or, if the damage occurs after the hearing, within three days of occurrence.

C. Damage as an issue at arbitration hearing. If the issue of damage is raised at the hearing, the arbitrator may assess fault and the cost to repair the damage. If the arbitrator assesses fault, and if he determines that the damage is the fault of neither the dealer nor the manufacturer, the arbitrator shall deduct from the amount of the award the cost to repair the damage. The cost of damage suffered after an arbitration decision favorable to the consumer shall be fairly resolved between the consumer and the manufacturer.

D. Request for decision delay. If the issue of damage is not resolved by the arbitrator, the manufacturer may submit a request in writing to the Attorney General for permission to delay issuing the award until the issue of damage is resolved. Unless such permission is granted the manufacturer shall pay the full award, or appeal the arbitrator's ruling, within the award/appeal period.

Notes

26-239 C.M.R. ch. 106, § 17