How to Sue A Car Dealership, Demand for Arbitration
Once you determine that you are going to sue the dealership you need to check if there is an arbitration agreement and then if you want to use the agreement. The two entities are usually JAMS and AAA. They have the forms online to complete and the demand for arbitration is very basic. Sometimes the arbitration agreement exempts certain claims and not others. As an example, usually Mag Moss claims are exempt from arbitration while consumer fraud claims are not exempt, usually. The arbitration agreement will sometimes require the dealer to pay all of the filing fees up to a certain amount, ranging from $1,500 to $2,500.
I have in the past filed one claim in Superior Court and one in arbitration. This is proper and complies with the dealer paperwork. There are advantages and disadvantages to filing this way and this depends on the position taken by defense counsel in each case. The following is an example of a sample demand for arbitration in a case where the car was in an accident despite representation to the contrary by the dealership.
Remember, there are rules for consumer-expedited arbitration and discovery is limited – to make sure you are ready to go when the case is filed – such as an expert or other witnesses that you might need because they move quickly with quick dates, so be prepared.