Last year, an Indiana family sued Ford Motors over the death of a man they believe was caused by the car’s faulty seatbelt. Such recklessness in vehicle designs has taken more lives than one can count. But you don’t to wait for something fatal to occur before taking actions about your defective vehicle and get compensation for the troubles you’ve suffered so far.
The Indiana Lemon Law is a motor vehicle protection act enacted to offer relief to owners of new and used cars that turned out to be defective. All you need to get a full refund, vehicle replacement, or cash settlement is a competent Indiana Lemon Law Attorney who can help you scale through the legal technicalities and prove your case in court or arbitration.
Easy Lemon is one of the leading providers of Lemon Law Attorney Services in Indiana. So far, we’ve helped hundreds of clients get justice against their car manufacturers and dealers, receiving millions in compensation. The good part is we don’t charge upfront fees. We only take a reasonable attorney fee after we’ve won the case. Book a free case evaluation today so we can help you file a Lemon law claim.
This article covers everything you need to know about the 30-day Lemon law rule and how it applies to new and used cars in Indiana. The article also discusses how to file a Lemon law claim and the nature of remedies you are entitled to.
What Qualifies as a “Lemon” Under Indiana Law
Under Indiana Lemon law statutes, a vehicle is considered a “lemon” if it meets specific criteria outlined in the state’s Motor Vehicle Protection Act (Indiana Code 24-5-13). These criteria are as follows:
- The vehicle must be a truck, van, SUV, or car purchased in Indiana and must not weigh more than 10,000 lbs.
- It must be vehicles designed primarily for public roads.
- It must manifest a substantial defect that substantially impairs the use, value, or safety of the car.
- The defect must be covered by the vehicle’s warranty and identified within 18 months of the delivery date or before the vehicle reaches 18,000 miles.
- The vehicle must have been subject to at least four attempts of repairs or must have been out of service for a cumulative of 30 business days as a result of the defects and repairs. In both cases, the defect must persist afterward.
If your new motor vehicle meets these requirements, chances are that you’ve got a lemon. The next step would be to consult a qualified Lemon law attorney to help get your due compensation from the manufacturer.
Vehicles Covered Under Indiana Lemon Law
Indiana Lemon Law covers only vehicles bought and registered in the state. As we mentioned earlier, such vehicles include cars, pickup trucks, conversion vans, sport utility vehicles, and light trucks that weigh less than 10,000 pounds.
Other kinds of vehicles, such as motorcycles, motor homes, road-building equipment, farm machinery, and any other off-road machines do not qualify as a lemon. It’s noteworthy that the Indiana Lemon Law does not differentiate between new and used vehicles.
So, whether you are the original owner or a subsequent one, you are still eligible for compensation as long as the issue falls within the coverage window of 18 months or 18,000 miles. The same rule applies to both privately sold and leased vehicles as outlined in the Indiana Code 24-5-13-1.
If you’re suffering defects in any vehicle that is not covered under the Indiana Lemon Law, you may seek relief through the Federal Lemon Law. Also known as the Magnuson-Moss Warranty Act this act applies to new and used cars in Indiana.
Under this law, a defect only needs to be reported while the vehicle is still under the warranty period. This means that even if you purchased a car with more than 18,000 miles, it may still qualify as a lemon, provided you have a valid warranty that covers the defect. However, taking prompt action increases your chances of filing a successful claim.
What is the 30-Day Lemon Law in Indiana?
The 30-day Lemon law is a provision under Indiana Code 24-5-13-16 that determines whether a vehicle can be classified as a lemon or not. It’s one of the two main grounds for filing a lemon claim in Indiana—with the other being four or more failed repair attempts.
According to the 30-day Lemon law, a vehicle automatically qualifies for a claim if it has been out of service for 30 business days or more, owing to the defects it suffered. Note the emphasis on “business days.” This typically means Monday-Saturday, excluding any state or federal public holidays.
It doesn’t have to be 30 consecutive days; it could be a cumulative total of different days the vehicle stayed at the authorized repair centers for the same or different defects. The 30-day provision commences from when the vehicle was first delivered to the original retail buyer, not when a subsequent owner acquired it as a used car.
Also, the out-of-service days must fall within the first 18 months of the car’s original purchase or the first 18,000 miles driven. During this period, the manufacturer or authorized dealer is responsible for ensuring that repairs are ongoing, except in periods where the repairs are rendered impossible due to a union strike. This automatically results in the extension of the timeline.
But the manufacturer is expected to prove that the strike was the major reason for the delay in repairs. While the repair is ongoing, the manufacturer or dealer is expected to offer the consumer a substitute vehicle or alternative means of transportation at no cost.
What Happens After the 30 Days?
After the 30 days are completed and the problem is yet to be resolved, the consumer gains the legal right to demand relief from the motor vehicle dealer or manufacturer under the Lemon Law. The next step is to begin a formal proceeding for filing a lawsuit against them for breach of warranty and every other charge your attorney can slam on them.
While you can take your time, you must ensure that you file the lawsuit within two years from the date you made the first report to the Indiana dealer about the car’s defects.
The Process for Filing a Lemon Law Claim in Indiana
Filing a Lemon law claim in Indiana requires a cautious step-by-step approach to ensure you’re compliant with the state’s requirements for seeking relief. The steps are as follows:
Step 1: Identify the Defects
The fact that you’re considering filing a Lemon law claim means that your car already has defects. So the first step here is to check whether the defects meet the basic requirements for a lemon qualification. If you’re plagued by the same defect despite a reasonable number of attempts (which in this case, is four) to fix it, the car is probably a lemon.
Alternatively, there could be different defects that have kept the car out of service for 30 business days. Also, the defect must seriously affect the new vehicle’s functionality, market value, or safety.
Step 2: Keep Detailed Records
Proper documentation is essential for proving your case. As such, you must track and document everything that transpired between you and the dealership each time you take your vehicle for repair. It is important to save emails, letters, and notes from phone calls with the dealer and manufacturer.
Keep good records of the relevant timelines, such as when the defect first occurred, when repairs were attempted, and how long the vehicle has been out of service. You should also refer to your warranty to confirm coverage during the repair period. In all these, it’s advisable to take pictures and videos, capturing the car’s defects.
Also, endeavor to collect a copy of the written repair order after each repair attempt. A repair order is an official document issued by authorized dealers or service centers detailing the problems diagnosed in your vehicle, the repair attempt made, and the eventual result. It also captures the dates of these visits and other minor details that may prove helpful during litigation.
Step 3: Attempt to Resolve With the Dealer or Manufacturer
You are expected to send a written notice to the manufacturer officially notifying them of the vehicle’s inherent defects. The written notice should include your contact info, vehicle identification number, the list of problems you’ve faced, and copies of all related written repair orders.
To ensure the manufacturer receives the mail, use only the address listed in the warranty booklet or owner’s manual. Also, send the letter using certified mail return. That way, you will have evidence that they were given prior notice and sufficient time to fix the problem.
After sending the mail, give them up to 30 days to either replace or refund the money, whichever one you choose. If they fail to honor your request, you may proceed to arbitration or an outright lawsuit.
Step 4: Seek Arbitration
Some vehicle manufacturers adopt informal dispute resolution programs for lemon cases, while others don’t. Consult your Lemon law attorney to know if your manufacturer is part of such programs approved by the Indiana Attorney General’s office. If your manufacturer does, you must go through this process before considering a lawsuit.
The outcomes of these arbitrations are binding to manufacturers, but a customer may proceed to court if they are unsatisfied with the decision. If the manufacturer doesn’t have an approved arbitration process, you should skip this step.
Step 5: File a Lemon Lawsuit
A lawsuit is your last resort when seeking relief under the Indiana Lemon Law. Once your car has been out of service for 30 days or you’ve made a reasonable number of attempts to fix it without positive results or feedback from the manufacturer or dealer, you can initiate a lawsuit if arbitration fails.
Present your facts, detailed pieces of evidence, and any other information you consider relevant to your lemon law attorney. Attorneys at Easy Lemon can help you organize your documentation and build a strong case. They will be necessary to build a solid case that would lead to a cash settlement, full refund, or replacement of the lemon vehicle.
Also, you don’t have to worry about attorney fees, as it is one of the many other costs that would be taken care of by the manufacturer if you win the lawsuit. Apart from the Lemon Law, you can file a lawsuit under the Magnuson-Moss Warranty Act. This is a federal Lemon Law that helps owners of new and used cars get refunds or replacement vehicles from their Indiana dealers or manufacturers.
What Remedies Are Available Under Indiana’s Lemon Law?
Under Indiana’s Lemon Law, consumers are entitled to receive refunds or replacement vehicles if they win their lemon case. The refund includes the full price of the vehicle, including all credits and allowances for any trade-in, and sales tax paid at the time of purchase.
It also caters to any finance charges already paid by the consumer, the cost of installed upgrades, and towing and rental car expenses, minus a reasonable deduction for use of the vehicle prior to the defect being addressed. They are also entitled to recover all reasonable costs and expenses, including reasonable attorney fees.
In cases where the consumer wants the vehicle to be replaced instead, the manufacturer is mandated to provide a replacement vehicle of equal or comparable value. Consumers may also be eligible for additional compensation, depending on the nature of the case.
This could include money for inconvenience, time lost, or other damages caused by the defective vehicle. One common outcome is the “cash-and-keep” settlement, where the consumer keeps the defective vehicle but receives a cash payment from the manufacturer to compensate for the issues encountered.
Need an Experienced Indiana Lemon Law Lawyer?
Handling a defective vehicle in Indiana can prove to be quite challenging and time-consuming. That’s why it is essential to work with an experienced Lemon law attorney who can guide you through the often complex legal process.
From gathering the necessary documentation and ensuring critical deadlines are met to negotiating with the manufacturer or filing a lawsuit if needed, a skilled attorney significantly improves your chances of a successful outcome.
With over 25 years of experience, Easy Lemon is easily a trusted ally for Indiana consumers. Whether you’re dealing with repeated repairs or safety issues, our team of Indiana Lemon law attorneys is willing to help. You can contact us today for a free case evaluation and let us review your situation and advise you on the best path forward.
FAQs
Can I File if I Bought My Car From Out of State?
Yes, you can file a Lemon Law in Indiana even if you bought your car from out of state, as long as it is registered in Indiana. The Indiana Lemon Law applies to new and old cars that are sold or leased to consumers in the state, irrespective of where the vehicle was purchased. However, it must be vehicles designed primarily for public highway use.
How Long Do I Have to File a Claim?
In Indiana, you have two years from the date of the first reported defect to file a lawsuit. However, the defect must happen within the first 18 months or 18,000 miles from the original delivery date.
Do I Need to Go to Court?
No, you don’t always need to go to court to resolve a Lemon law claim in Indiana. In most cases, the issue can be resolved through arbitration or an informal dispute resolution program that may be offered by the manufacturer. However, the program must the approved by the Indiana Attorney General’s Office.
What if the Dealership Blames the Manufacturer?
It doesn’t matter who is to be blamed for the faulty product. It’s your right to seek legal redress under the Indiana Lemon Law when you unknowingly end up with a defective new or used vehicle. Both the authorized dealer and the manufacturer have responsibilities to address defects and honor warranties.
