Damaged Vehicles

(1) If a vehicle that is the subject of arbitration is damaged beyond reasonable wear and tear through no fault ofthe dealer or manufacturer, and that damage is unrelated to the defect, the consumer must: (a) repair the damage; or (b) pay to the dealer the reasonable costs of repair; or (c) allow a deduction from the award for the reasonable costs of repair. (2) The consumer must notify the dealer or manufacturer ofthe existence and nature ofsuchdamage before the hearing, or, if the damage occurs after the hearing, within three days of occurrence. (3) If the issue of damage is raised at the hearing, the arbitrator may assess fault and the cost to repair the damage. If the arbitrator assesses fault, and if he determines that the damage is the fault ofneither the dealer nor the manufacturer, the arbitrator shall deduct from the amount of the award the cost to repair the damage. (4) If the issue ofdamage is not resolved by the arbitrator, the manufacturer or dealer may submit a request in writing to the arbitration firm for permission to delay issuing the award until the issue of damage is resolved. Unless such permission is granted, the dealer shall pay the full award, or appeal the arbitrator’s ruling, within the award/appeal period.