Indiana Lemon Law
Buying a new car is exciting. Finding out that you’ve purchased a defective new car is heart-wrenching. If you bought a lemon in Indiana, here’s a snapshot of what you need to know about the state’s lemon law:
New cars: Yes
Used cars: No
Business vehicles: No
Leased vehicles: Yes
Lemon law period: 18 months/18,000 miles
What is a Lemon Car Under Indiana Lemon Law?
Indiana lemon law covers leased and new passenger vehicles, SUVs, vans, and trucks under 10,000 pounds, and used vehicles that are sold during the new car warranty period. In order to be considered a “lemon,” the vehicle must meet the following requirements:
- Purchased or leased from an Indiana dealer
- Does not conform to the manufacturer’s express warranty
- Has substantial defects affecting the use, safety or value of the vehicle
- Has manufacturer’s defects that occurred and are reported during the first 18 months from the delivery date or the first 18,000 miles on the odometer (whichever comes first)
- Has been taken in four times for the same defect or has been out of service for 30 business days
- You have notified the manufacturer via certified mail (if required by the manufacturer)
- The vehicle is used primarily for individual, family, or household purposes
Indiana Code 24-5-13 is the state’s lemon law.
Getting Lemon Justice: Indiana Lemon Law Relief
Indiana lemon law provides several options for a successful lemon law claimant. First, you may be awarded a replacement vehicle of the same year, make, and model. If you accept a replacement vehicle, the manufacturer must reimburse you for transfer fees, registration fees, and any sales tax resulting from the replacement. In addition, the financing arrangements for the replacement vehicle must be as good as those for the original vehicle. A refund can include:
- The full contract price of the vehicle
- Credits and allowances for any trade-in vehicle
- Sales tax
- Unexpended portion of registration fee and excise tax
- All finances charges paid
- Dealer-installed options
- Towing and car rental costs
- Attorney’s fees
The amount of the refund may be reduced by a deduction for your use of the vehicle before you first took your vehicle in for repair. This is calculated by dividing the number of miles the vehicle has been driven when it is accepted for return by 100,000 and multiplying that by the total contract price of the vehicle.
Pursuing an IN Lemon Law Claim
Under Indiana lemon law, if the manufacturer requires it, you must notify the manufacturer of the problem with your vehicle within 18 months of taking delivery of the vehicle, or within the first 18,000 miles on the odometer (whichever comes first). You must send the notice via certified mail, with a return receipt requested. Here’s a sample demand letter that you can adapt for your use.
If the manufacturer has an informal dispute process that’s been certified by the Indiana Attorney General, you have to enter the dispute resolution program before filing a lemon law lawsuit. However, if notice isn’t required and the manufacturer doesn’t have a certified program, you can go ahead and file suit.
How We Can Help
Wherever you are in the lemon law claim process, we’re happy to help. Whether you need help gathering the material documenting your lemon, submitting the final demand letter, negotiating a settlement, or appealing the arbitration decision, Lemberg Law will be at your side every step of the way.
Helping consumers is what we do. We’ve helped more than 15,000 people recover more than $35 million. You can read more about us here.
Remember that vehicle manufacturers have teams of lawyers that do nothing but fight lemon law claims. Lemon laws try to level playing field by forcing automakers to pay the consumer’s attorney fees in successful lemon law claims. That’s why our representation won’t cost you a dime.
There’s a limited window of opportunity for filing a lemon law claim. If you suspect you have an Indiana lemon, give us a call today. We understand your frustration, and will do our best to deliver the justice you deserve.