30th Legislative District

30th District Weekly Column

Dec4

December 20, 2009

12/4/2009 1:19:00 PM by 30TH DISTRICT

30TH DISTRICT BY

SENATOR ROBERT W. SINGER

ASSEMBLYMAN JOSEPH R. MALONE

ASSEMBLYMAN RONALD S. DANCER

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WEEKLY COLUMN

December 20, 2009

We would like to familiarize our readers with the Motorized Wheelchair Lemon Law, as provided by a Consumer Brief from Office of the Attorney General, New Jersey Department of Consumer Affairs.

With the price of motorized wheelchairs and scooters ranging from $2,000 to as high as $20,000, purchasing one can be almost as expensive as purchasing a car.

The Wheelchair Lemon Law provides protection to owners and lessees of motorized wheelchairs and motorized scooters.

The Wheelchair Lemon Law requires manufacturers to give customers warrantees of at least one year that cover defects which impair the use, value or safety of the chair or scooter. The warranty also covers accompanying power accessories that are used to operate the wheelchair or scooter, as well as the wheelchair itself.

The law applies to all new and “demonstrator” wheelchairs, motorized scooters designed primarily for indoor use, and retrofit power units intended to motorize wheelchairs. The wheelchair or scooter must be designed to help promote independent living and mobility for medical reasons and have been purchased or leased in New Jersey.

If you believe your wheelchair or scooter does not function properly, you must:

1. Notify the manufacturer or lessor of the problem by mail each time the problem occurs; and

2. Make the wheelchair or scooter available for repair within the one-year warranty period.

After three (3) unsuccessful attempts at repairing the same problem with the wheelchair or motorized scooter or if the wheelchair or motorized scooter is out of service for a total of twenty (20) cumulative days, you may be entitled to a replacement, refund, or early lease termination, minus a reasonable allowance for use.

Consumers who abuse, neglect or make unauthorized modifications or alterations to the wheelchair or scooter are not protected under the law.

Consumers who meet the criteria outlined to pursue a Wheelchair Lemon Law claim may:

* Refer the matter to the manufacturer for resolution.

*Refer the matter to the Wheelchair Lemon Law Unit at the Division of Consumer Affairs for dispute resolution.

*File an action in the Superior Court of New Jersey and mail a copy of the initial response pleading containing the claim, counterclaim or defense to the Attorney General within 10 days of filing papers with the court.

To participate in the New Jersey Division of Consumers Affairs’ Wheelchair Lemon Law dispute resolution process, consumers must submit an application to the Wheelchair Lemon Law Unit. Applications are available from the unit. The address is: Lemon Law Unit, New Jersey Division of Consumer Affairs, PO Box 45026, Newark, NJ 07102. Those consumers whose applications are accepted must pay a non refundable $50 filing fee to the New Jersey Division of Consumer Affairs. Accepted applications are referred to the Office of Administrative Law for a hearing.

For more information, or to speak to someone about a complaint, call 800-242-5846, or you can also e-mail at: askconsumeraffairs@lps.state.us . Applications and detailed instructions for completing the application are available online at www.njconsumeraffairs.gov, click on “Consumer Protection” and then go to “Motorized Wheelchair (Power Scooter) Complaints”.