How to Win at the New Hampshire Motor Vehicle Arbitration Board (NHMVAB)

Going toe-to-toe with a multinational auto manufacturer can feel overwhelming for the average driver. If your vehicle continually breaks down despite multiple trips to your local dealership in Derry, Rochester, or Portsmouth, you have the legal right to escalate the issue. The New Hampshire Motor Vehicle Arbitration Board (NHMVAB) exists to give consumers a fast, low-cost alternative to a full-blown civil lawsuit. However, winning your case is not as simple as showing up and complaining about the car. It requires meticulous documentation and strategic presentation. If you prefer to have a professional handle your case, you can easily find a lawyer in our US Attorneys directory.

Step-by-Step Process at the Arbitration Board

The New Hampshire Motor Vehicle Arbitration Board, Concord operates under the authority of the state government. Their primary mission is to listen to both the consumer and the manufacturer, review the repair history, and issue a binding decision. Before you can file, you must give the manufacturer written notice of the defect and provide them with one final opportunity to fix it. This is a strict procedural requirement under N.H. Rev. Stat. Ann. § 357-D:4. Once that final repair attempt fails, you are clear to submit your application to the state.

Preparing Repair Orders as Evidence

Your oral testimony is helpful, but paper evidence wins cases. The board relies heavily on the official repair orders you receive from the dealership. To meet the legal presumption of a lemon, you must prove that the exact same nonconformity has been subject to repair three or more times. Every time you pick up your car, ensure the service advisor hands you a detailed invoice. It must show the date the car was dropped off, the date it was returned to you, your specific complaint, and what the technician did to address it. Do not accept paperwork that vaguely states "checked vehicle." If your car was out of service for 30 cumulative business days, those dates on the repair orders are your only proof.

The Role of the Manufacturer's Representative

When you arrive for your hearing at the New Hampshire Department of Safety, Concord, you will not be alone with the board members. The auto manufacturer will send a highly trained representative, and often a technical expert or corporate lawyer. Their job is to protect the company's bottom line by arguing that your car is not a lemon. They may claim the defect is minor, that it does not substantially impair the vehicle's safety, or that the issue was caused by your driving habits or failure to perform routine maintenance. Precedent cases like DaimlerChrysler Corp. v. Victoria, 153 N.H. 664 (NH Supreme Court 2006) show that courts and boards will heavily scrutinize the severity of the defect. You must be prepared to confidently counter the representative's arguments with your service records.

What Happens if You Lose the Arbitration

An unfavorable ruling from the board is disappointing, but it is not necessarily the end of the road. Under New Hampshire law, you have the right to appeal the board's decision to the Superior Court. You must file your appeal within 30 days of receiving the written decision. For example, if you live in Hillsborough County, you would file a petition for appeal using Form NHJB-2688-Se, New Hampshire, Superior Court, Civil Complaint Form at the Hillsborough County Superior Court North, Manchester. An appeal requires a judge to review the case to see if the board made an error in applying the law. Additionally, you may still pursue a separate claim under federal warranty laws.

How Much Does it Cost in New Hampshire?

The state arbitration program is highly cost-effective for consumers seeking justice:

• Application Fee: You must include a $50 filing fee when you submit your official Form CPMVA-2, New Hampshire, New Motor Vehicle Arbitration Board, Demand for Arbitration.
• Attorney Fees: If you hire a lawyer, they usually operate on a contingency fee basis. In a court action under N.H. Rev. Stat. Ann. § 357-D:10, the court, in its discretion, may award reasonable attorney's fees to the prevailing consumer, though the arbitration board itself does not assess legal fees.
• Court Appeal Filing: If you lose and decide to appeal to a Superior Court, the required filing fee is $325.00 ($285.00 entry fee, $10.00 dispute resolution assessment, and $30.00 electronic case filing surcharge).

How Long Does the Process Take?

Speed is the primary advantage of the NHMVAB. After your $50 fee and application are accepted, a hearing is scheduled within 40 days. The board conducts the hearing, listens to the evidence, and then issues a written decision within 30 days of the conclusion of the hearing. If the ruling is in your favor, the manufacturer is given a tight deadline-usually 30 days-to issue your refund check or provide a replacement vehicle. From start to finish, a successful claim generally resolves in under three months.

Frequently Asked Questions (FAQ)