May 15 2008
Lemon Law Arbitration is Not Recommended
2007 Toyota Tacoma trucks have potentially dangerous problems, causing numerous truck owners to file complaints with the National Highway Traffic Safety Administration. Their trucks accelerate or lurch forward while stopped.
Victor Downin of Foresthill has reported that while being in severe traffic, the car isn’t going to slow down, It’s going to be a real problem not rear-ending another car. Downin tried to corrected his Toyota dealership problem and to get the truck buy back under California’s lemon law. Toyota told him to inspect it in three different dealerships.
Downin headed to the CA Arbitration Certification Program, a third-party arbitration process approved by the Department of Consumer Affairs and sponsored by the manufacturers. Downin’s arbitration was not successful. There was not enough evidence to support his complaint. It was reported that he could try to get another warranty repair and go through arbitration again, or take his claim to court.
Downin claims in news reports that he does not plan to contact an attorney. He is waiting for the results of a National Highway Traffic Administration investigation into the surging problem.
Arbitration will work for some consumers who fear the legal system. But consumers usually do not win. Last year there were 2,049 consumer requests for arbitration. Consumers won repair in 17 percent of cases. Consumer won return or restitution 15 percent of the time. But in 60 percent of cases, consumers got nothing.
Moreover, participating in the process may actually harm your future legal claims against the manufacturer. You are giving the manufaucturer full access to your documents, statements, your vehicle without assistance of counsel. You may unwittingly make a disclosure or statement which can, and likely will, be used against you in a later lawsuit.
I’m sorry that Mr. Downin has such a poor opinion of the justice system that he feels compelled to wait for a federal agency to take action rather than hiring an attorney who specializes in California Lemon Law. Under the current administration, I am afraid Mr. Downin will be waiting a long time. I hope for Mr. Downin’s safety and the safety of others, he parks the vehicle.
Word to the wise: Don’t get stuck with a lemon. Sometimes all it takes is a letter from an attorney to get a manufacturer to realize it is going to have to buy back the vehicle. Don’t wait for the manufacturer to do the right thing. It could mean your life or livelihood.
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