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Old 09-20-2004, 12:39 AM   #7
ANZAC_1915
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Member#: 456
Join Date: Oct 1999
Chapter/Region: NWIC
Location: Redmond, WA, USA
Vehicle:
2008 Forester XT
Steel Gray Metallic

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Quote:
Originally Posted by STiMULi
Glenn, in your opinion who has the burden of proof
That is a really good question; a 2nd question is to whom must they prove it?

Given that Subaru can just deny any claim based on their own reasoning; they don't have to prove it to anyone unless you take some kind of action (lemon law claim, lawsuit, etc.).

In a lemon law claim, the owner usually only has to prove that the defect exists, how serious it is and how many visits etc.

In either a lemon law claim or lawsuit I'd say the burden of proof (for why they denied claim) is on the manufacturer.

However, the fear/risk of these actions sometimes will cause a manufacturer to honor a claim they don't think is valid.

What would be really good is if the manufacturers had some kind of independent ombudsman you could appeal to.

Glenn
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