Legal Question in Consumer Law in Hawaii
Warranty issues on new car with car company
I bought a brand new car 5 months ago and broke down on the freeway. Which was a safety factor. I took it to the dealership to get fixed and the claim it was racing. Several people claimed it was racing. Then one rep accused me aof racing and said I could not claim lemon law and that it was not covered under warranty. Today a rep called back and apologized said persons should not have said it was racing. they still try to say it wasas driver induced. I want to take legal action. I don't want the car do to the safety issue, second I don't like being fasely accused. Third I think the rep should be repremanded. I would like to see if I can sue for the cost of my car plus interst, for false accusations, emotional stress due to accusations. work hours missed due to problems with car and emotionally unstable. I fee harrsassed and embarassed by the situation, I also think I was being discriminated against because I am female.
2 Answers from Attorneys
Re: Warranty issues on new car with car company
From the query, I feel your case clearly fall under the domain of Consumer Law and Torts. However, you may claim compensation under the Consumer Protection Act which is a stronger and a more expeditious remedy against such errant dealers. For this you must give a legal notice stating therein the entire facts leading to the loss complained by you. You may a give a notice for 15 days and thereafter proceed to file a case before the Consumer Protection forum. Depending upon the amount of compensation being claimed by you, the filing of the complaint is to be done either in the District Forum, State Commission or National commission. Now the new Consumer Protection Act also prescribes court fees in order to avoid frivolous complaints.
Re: Warranty issues on new car with car company
Sorry, earlier reply given was in the Indian context. The reply may not suit the US conditions. Kindly ignore the same.
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