If you’ve recently purchased a new vehicle in Indiana and it’s been in the repair shop more than it’s been on the road, you may be entitled to relief under Indiana Lemon Law. Lemon Laws are designed to protect consumers who have purchased a defective vehicle that the manufacturer is unable to repair. Here is your guide to understanding Indiana Lemon Law.
What is Indiana Lemon Law?
Indiana’s Lemon Law provides protection to consumers who have purchased a new vehicle that has a nonconformity or defect that substantially impairs the use, value, or safety of the vehicle. The law applies to new vehicles that are still under warranty and have been subject to repair attempts for the same defect on multiple occasions.
Under Indiana Lemon Law, the manufacturer has a duty to repair the defect or nonconformity within a reasonable number of attempts. If the manufacturer fails to repair the defect or nonconformity within a reasonable number of attempts, the consumer may be entitled to a refund or replacement vehicle.
What constitutes a reasonable number of attempts?
Indiana Lemon Law does not specify a specific number of repair attempts required to qualify for relief. Instead, a reasonable number of attempts is determined on a case-by-case basis. Factors that may be considered include the nature of the defect, the number of repair attempts, and the length of time the vehicle has been in the repair shop.
The law assumes that the manufacturer has had a reasonable opportunity to repair the vehicle if one of the following occurs:
- The same defect has been subject to repair attempts four or more times.
- The vehicle has been out of service for repair for a total of 30 or more days within the first 18 months or 18,000 miles, whichever comes first.
What relief is available under IN Lemon Law?
If the manufacturer is unable to repair the defect or nonconformity within a reasonable number of attempts, the consumer may be entitled to one of the following remedies:
- Refund: The consumer may be entitled to a full refund of the purchase price, including any trade-in value, sales tax, and finance charges. The manufacturer may deduct a reasonable amount for the consumer’s use of the vehicle.
- Replacement: The consumer may be entitled to a replacement vehicle of comparable value.
How do I pursue relief under Indiana Lemon Law?
If you believe your vehicle may qualify for relief under Indiana Lemon Law, the first step is to contact the manufacturer and notify them of the defect or nonconformity. The manufacturer will then have a reasonable opportunity to repair the defect.
If the defect or nonconformity is not repaired within a reasonable number of attempts, the consumer should notify the manufacturer in writing of their intent to pursue relief under Indiana Lemon Law. The manufacturer may then offer a settlement or may require the consumer to participate in an informal dispute resolution program.
If a settlement is not reached or the consumer is not satisfied with the outcome of the informal dispute resolution program, the consumer may file a lawsuit in court to seek relief under Indiana Lemon Law.
If you have purchased a new vehicle in Indiana that has been subject to repeated repairs for the same defect, you may be entitled to relief under Indiana Lemon Law. Contact the manufacturer and notify them of the defect or nonconformity, and if the defect is not repaired within a reasonable number of attempts, consider pursuing relief under Indiana Lemon Law.