How to File a Hawaii Lemon Law Claim

Filing a Hawaii claim under HRS § 481I follows a defined sequence, anchored by the written report during the Rights Period and the fast SCAP arbitration option.

Step 1 — Report the nonconformity in writing

During the Rights Period (2 yr / 24,000 mi), report the defect in writing to the manufacturer (or its agent/distributor/dealer). This written report is a prerequisite to the presumption (§ 481I-3(a)). Keep proof.

Step 2 — Document repair attempts

• 3 or more attempts for the same nonconformity; OR
• 1 attempt for a defect likely to cause death or serious bodily injury; OR
• 30 or more cumulative business days out of service (mainland parts delays count).

Keep every repair order and a running log of in/out dates. See documenting evidence.

Step 3 — Elect SCAP arbitration (fast and cheap)

Demand arbitration through the DCCA’s State Certified Arbitration Program:

• Manufacturer pays $200; consumer pays $50 (refunded if you prevail).
• Decision within 45 days.
• You can elect nonbinding arbitration and demand a trial de novo within 30 days.

SCAP is not a mandatory prerequisite — you can go directly to court if you prefer.

Step 4 — File court action (for UDAP treble)

To capture automatic treble and mandatory fees, file in Hawaii circuit court (or federal D. Haw. for cases over $50K), pleading:

• Lemon Law (§ 481I) — refund or replacement.
• UDAP § 480-13 — $1,000 or treble (whichever greater), mandatory fees, $5,000 elder enhancement.
• Magnuson-Moss (§ 2310(d)(2)) — federal fee hook.

Step 5 — Mind the deadline

File or demand arbitration within 1 year following expiration of the Rights Period (§ 481I-3(j)). The UDAP (4 years) and Magnuson-Moss (4 years) run longer.

Common filing mistakes

• No written report during the Rights Period — defeats the presumption.
• Inconsistent defect descriptions that break the same-nonconformity chain.
• Missing the 1-year-after-Rights-Period deadline.

Bottom line

Report in writing during the Rights Period, document attempts (parts delays count toward the 30-day threshold), elect fast SCAP arbitration or court, and file within 1 year of the Rights Period’s end — pleading the UDAP for treble and fees. Get a free case review.

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