The law provides basic guidelines for remedies, but there is no fixed rule. Each case is treated individually by the arbitration panel when determining an award. If their decision is in your favor, the award will generally be:
- A replacement with a comparable new car.
OR
- A refund of the contract price. The arbitrator may or may not award a mileage deduction for the use that you have had of the vehicle. The statutory mileage deduction is computed by multiplying the present mileage of the vehicle times the contract price and dividing that figure by 120,000. Refund or replacement awards may also include reimbursement for other damages or costs. We advise you to have receipts.
- If the arbitrator finds the defects in question do not substantially impair the use, safety or value of the vehicle, a “no action” decision is rendered. Therefore, no further action to remedy the problem shall be required of the manufacturer. Your recourse at this point would be to seek legal counsel for private litigation against the manufacturer. You could only reapply for Lemon Law arbitration for a different defect, which meets the eligibility requirements.