Does Indiana Have a Lemon Law?

If you've purchased a new vehicle in Indiana that has turned out to be a "lemon" - a car that has a significant defect that can't be easily repaired - you may be wondering if the state has a lemon law to protect you. The good news is that Indiana does have a lemon law, but it's important to understand how it works and what it covers.

What is the Indiana Lemon Law?

According to legal experts, the Indiana Lemon Law is a set of statutes that provides legal remedies for consumers who purchase or lease vehicles that have substantial defects. The law applies to new vehicles purchased or leased in Indiana, including cars, SUVs, vans, and trucks. It also covers used vehicles that are still under the original manufacturer's warranty.

Qualifying for the Indiana Lemon Law

To qualify for protection under the Indiana Lemon Law, your vehicle must meet certain criteria:

1. Substantial Defect

The vehicle must have a substantial defect that is covered by the manufacturer's warranty and that substantially impairs the use, value, or safety of the vehicle. Minor problems like squeaks, rattles, or cosmetic issues don't qualify.

2. Reasonable Number of Repair Attempts

The manufacturer or its authorized dealer must have made a reasonable number of attempts to repair the defect. This is usually defined as four or more repair attempts for the same problem, or the vehicle has been out of service for a total of 30 or more calendar days for repair of one or more substantial defects.

3. Written Notice to Manufacturer

You must provide written notice to the manufacturer of the defect and give them a final opportunity to repair it. This notice must be sent by certified mail, return receipt requested.

Remedies Under the Indiana Lemon Law

If your vehicle qualifies under the Indiana Lemon Law, you may be entitled to one of two remedies:

1. Replacement: The manufacturer must replace your vehicle with a comparable vehicle, including all applicable taxes, registration fees, and other official fees.

2. Refund: The manufacturer must refund the full purchase price of the vehicle, including all collateral charges (such as sales tax, license and registration fees, and finance charges), less a reasonable allowance for your use of the vehicle.

The manufacturer has the option to choose which remedy to provide. If they fail to provide a replacement or refund within a reasonable time, you may be entitled to file a lawsuit to recover your damages.

Time Limits and Filing a Claim

You must file a claim under the Indiana Lemon Law within one year of the date you first reported the defect to the manufacturer or its authorized dealer. If you have any questions or need assistance with the process, it's best to consult with an attorney who specializes in lemon law cases.

FAQ

How do I know if my vehicle qualifies as a lemon under Indiana law?

Your vehicle must have a substantial defect covered by the manufacturer's warranty that substantially impairs its use, value, or safety. The manufacturer or its authorized dealer must have made a reasonable number of repair attempts (usually 4 or more for the same problem) or the vehicle has been out of service for a total of 30 or more calendar days.

What if the manufacturer refuses to replace or refund my vehicle?

If the manufacturer fails to provide a replacement or refund within a reasonable time after you've met the requirements of the lemon law, you may be entitled to file a lawsuit to recover your damages. It's best to consult with an attorney who specializes in lemon law cases.

How long do I have to file a claim under the Indiana Lemon Law?

You must file a claim within one year of the date you first reported the defect to the manufacturer or its authorized dealer.

Does the Indiana Lemon Law cover used vehicles?

The lemon law covers used vehicles that are still under the original manufacturer's warranty.

What if I leased my vehicle instead of buying it?

The Indiana Lemon Law applies to leased vehicles as well as purchased ones.

Conclusion

According to legal experts who write for us on law and legal matters, the Indiana Lemon Law provides important protections for consumers who purchase or lease defective vehicles. By understanding the qualifying criteria, available remedies, and time limits for filing a claim, you can ensure that you receive the replacement or refund you deserve if you end up with a lemon. Remember to keep detailed records of all repair attempts and to consult with an attorney if you have any questions or concerns about the process.