What If the Manufacturer Denied My Hawaii Lemon Law Claim?
What to do when a manufacturer denies a Hawaii lemon-law claim — common defenses, the written-report issue, SCAP arbitration, and court with UDAP treble.
A manufacturer denial is not the end of a Hawaii claim — you have the fast SCAP arbitration and, in court, the UDAP § 480-13 automatic treble. Denials usually rest on a handful of defenses.
Common denial reasons
- “Defect doesn’t substantially impair use or value.”
- “Caused by abuse, neglect, or unauthorized modification.”
- “You didn’t report the nonconformity in writing during the Rights Period” (defeating the presumption).
- “Not enough attempts” or “outside the Rights Period.”
- “No problem found.”
How to respond
- Get the denial in writing.
- Assemble your documentation — repair orders, the business-day count (parts delays), and the written report.
- Confirm the written report during the Rights Period — it’s a presumption prerequisite.
- Demand SCAP arbitration — fast (45 days) and cheap; a participating manufacturer is bound by the decision.
- Pull TSBs and recalls — they undercut “abuse”/“no problem found” and support a UDAP theory.
- File court action for UDAP automatic treble and mandatory fees — within 1 year of the Rights Period’s end.
A denial can strengthen your case
Where the manufacturer denies despite documented knowledge (TSBs, recalls, warranty records), the denial supports a UDAP treble theory; for elders (62+), the $5,000 enhancement adds leverage.
Bottom line
A denial is common and rebuttable. Confirm the written report, document the defect (parts delays count), demand SCAP or file in court for UDAP treble, and act within the deadline. Get a free case review.
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