470 R.I. Code R. 470-RICR-00-00-1.6

Current through December 3, 2024

Section 470-RICR-00-00-1.6 - Request for Arbitration

A. Requests for arbitration form shall include, but not be limited to, the following information:

1. The name, address and telephone number of the consumer and any lien holder;

2. The name, address and, telephone number of the consumer's legal counsel, if applicable;

3. The date of purchase and date of delivery of the motor vehicle to the consumer, the make, model and manufacturer of the vehicle, the vehicle identification number, and whether the vehicle was sold or was a leased vehicle;

4. The present mileage and the mileage on the vehicle when first brought for repairs for the nonconformity;

5. The name and address of the selling dealer and all dealers who attempted to repair the vehicle for the nonconformity.

6. Statement by the consumer as to the following:

a. The consumer believes the motor vehicle's use, market value, or safety is substantially impaired by the non-conformities in his or her request for arbitration;

b. The nonconformities are not the result of owner abuse, neglect, or unauthorized modifications of the motor vehicle by anyone other than the manufacturer or its dealer;

c. The nonconformity is not the result of damage caused by an accident;

d. That within the term of protection, the manufacturer, its agent, or authorized dealer failed in at least four (4) attempts to correct the same substantial defect(s), or the vehicle was out of service by reason of repair for at least thirty (30) days;

e. Regarding the consumer's chosen form of arbitration hearing, whether oral or written;

f. Regarding the consumer's assessment of what actions would constitute a fair resolution of the dispute;

g. A signed agreement by the consumer to arbitrate.

B. Included with the request for arbitration form the following must be submitted:

1. Photocopies of the sales agreement or lease agreement, including any stated credit or allowance for the consumer's new vehicle or rebate, the receipt for the payment of any options or other modifications arranged installed, or made by the manufacturer or its dealer during the term of protection;

2. Receipts for any other charges or fees including, but limited to:

a. Sales tax;

b. License and/or registration fees;

c. Finance charges;

d. Towing, and;

e. Rental of motor vehicle equivalent to the consumer's motor vehicle for the period when the consumer's motor vehicle was out of service due to the nonconformity;

3. A photocopy of the notification of a potential claim sent by or on behalf of the consumer to the manufacturer after four (4) or more attempts to repair the vehicle or its being out of service for a total of thirty (30) days or more, along with the return receipt signed by the manufacturer's agent;

4. A photocopy of all warranties including extended warranties, if any; all repair orders, and all maintenance service records.

5. All other relevant charges, fees or expenses.

470 R.I. Code R. 470-RICR-00-00-1.6