Tag: automobile arbitration

National Center for Dispute Resolution: Questions and Answers

  1. Are the Arbitrators Impartial   The arbitrators are selected by the manufacturer.  Some believe that if they found for the consumer on anything more than an occasional basis, their appointments would be eliminated.  From our experience, sometimes strong cases with serious problems have been rejected.
  2. Is the process complicated   No, the process is relatively straight-forward and a hearing is scheduled.

3.  Can I produce evidence at the hearing.  Yes, the arbitrator will allow  the
consumer to provide evidence, documents and testimony.  However, while much of
the material you think will be persuasive, the NCDS arbitrator will find otherwise.
Say your car malfunctioned twice and you are now worried about you and your
family’s safety.
4.  I have located some material indicating there is a common problem with this case,
and I have the required number of repairs, so am I right that the case should be
open and shut.  No, many seemingly strong cases are decided for the manufacturer
on  various grounds.

5. Why does the manufacturer tell me to use this process.  It has an advantage in
selecting the arbitrator and many times, the consumer will be present without a
lawyer.

6. Are legal fees recoverable if a lawyer is used.  Unfortunately not, but sometimes, it
makes sense to try to secure a refund rather than lose the case.  A lawyer may also
recommend a court proceeding instead of or in addition to the NCDS proceeding.

7. How is the decision rendered.  A written decision is provided but in the large majority
of cases, it is decided for the manufacturer.
 

 

Call 973-598-1980 for a Free Consultation on Your NCDS Claim

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National Center for Dispute Resolution

 

The National Center for Dispute Resolution handles hearing for many manufacturer. There are mixed views.  Some see them as a tool of the manufacturer, particularly since the manufacturer recommends their use rather than court.   Others note that the entity periodically does provide relief, the procedure is quicker than court, and the entity is at least stylized as an impartial entity.

1.  In person or documents hearing

Generally, the consumer will want an in person hearing.  Having a person set forth his or her fears about the car or history of problem is generally more powerful than submitting some papers.

2. Guidelines for the hearing

The consumer or his counsel should be well-prepared.

3. Common Defenses

A. Characteristic of the Vehicle

A manufacturer may aver that seeming problems are just how the car is designed, some have looser or tighter steering and shifting, and that is a matter of personal preference.  The argument can be rebutted by showing that problems were acknowledge in the repair history and also showing many other consumers complained.  The National Highway Traffic Safety Administration has a list of reported problems, and many blogs and Facebook excerpt them.

B. Substantial  Mileage

The manufacturer may note substantial mileage or a gap between visits.    Note generally, a consumer should bring back the car whenever he believes it is not functioning properly even if the dealer suggests the issue is a normal characteristic.

FREE CONSULTATION ON YOUR AUTOMOBILE PROBLEM CALL 973-598-1980

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