Indiana Lemon Law
While it does not occur often, sometimes new car buyers need to use the lemon law in Indiana if they find a defect in their vehicle that cannot be fixed.
When a car manufacturer sells a faulty car, lemon law guidelines should be adhered to for drivers to get reimbursement and hopefully help them understand how to handle similar situations in future settings.
The federal lemon law upholds general rules for drivers who realize that they bought a lemon car so they can either get a refund or a new vehicle from the manufacturer.
Drivers can also bring on an attorney to assist them with the legal process to ensure everything is done right and in the best manner possible. Answer all of your questions about this law in the sections provided below.
What is the Lemon Law in Indiana?
The lemon law in Indiana reads that any car in new condition that is found defective and cannot be repaired is a lemon vehicle. Different states enforce different versions of the laws, but, by the lemon law definition, vehicles included in this law in Indiana must be:
- New vehicles and new leased vehicles with less than 18,000 miles.
- Vehicles bought from a dealer in Indiana.
The Indiana Attorney General imposes these laws in Indiana, which protect all new purchased and new leased model vehicles, and these laws cover nonconformities with vehicle dealer’s expressed warranty.
Does the Indiana Lemon Law apply to used cars?
Used car lemon law is not offered as an option in the state of Indiana. Residents need to use the used car laws set in place that do not make them eligible as lemons.
How does the Lemon Law work in Indiana?
Drivers in Indiana can claim that they have a lemon car if, under the Indiana lemon laws, their vehicles demonstrate the following conditions:
- They bought the car in new condition within 18 months OR 18,000 miles, whichever happens first.
- The vehicle has a significant deficiency. The fault must be extreme and must affect the vehicle’s ability to operate, its safety or its value.
- A car technician attempted at least four repairs on the car to fix the defect OR the car was in the mechanic’s shop and out of service for at least 30 business days.
In order to come to a resolution, drivers should take the first step and reach out to the manufacturer with a lemon law written complaint that describes:
- The problems with the car.
- Copies of the work orders and invoices.
- A request for a replacement vehicle, a refund or another solution.
If these lemon law qualifications are met, drivers should sent the notice by certified mail and request for a return receipt to the car manufacturer. Doing this gives the dealership or manufacturer a final chance to look over and try to repair the vehicle before enforcing the law.
The manufacturer is allowed 30 days to respond to the notice. If it refuses to cooperate or do not respond within that time, Indiana drivers can file a lawsuit within two years of sending the written notice and consider hiring a lemon law attorney to defend their case and get their compensation.
On rare occasions, manufacturers may not be willing to go through with their legal warranty, so drivers should recognize what rights they have through the Indiana lemon law so they are not tricked out of receiving their compensation.
After it is confirmed that a car is a lemon, drivers can file a lawsuit and be given the choice between two lemon law buyback options from the manufacturer:
- The manufacturer must provide a replacement vehicle for you.
- The manufacturer must give you a refund.
Indiana residents can get in touch with the Indiana Attorney General to proceed with the lemon law process and receive reimbursement.
To prove that their car is eligible for protections under this law, drivers need to keep documentation of their car’s repair service history and any other records that speak to its faultiness.
Moreover, drivers should hold on to correspondence records between themselves and the car manufacturer or dealer in case a lawsuit is ever carried out and those papers are needed.
Indiana Lemon Law Lawyers
Hiring a lemon law attorney can prove very helpful for drivers who are not sure how to request that their vehicles be listed as defective or how to get their entitled compensation from the dealership.
Lawyers for lemon law warranty problems are one of the best ways to make the process easier and most effective in between drivers and manufacturers. Before you hire an attorney to begin working with on your case, refer to the tips below for more insight to the process:
- Conduct good research: Drivers should understand the importance of meeting with many different lemon law lawyers before choosing one to take on their case. Choosing the first lawyer they meet could cause drivers to miss out on a better opportunity with a different attorney.
- Make sure the attorney has past experience: Find a lawyer who has worked with similar cases in the past with more success than failure. Drivers should ask any lawyers they meet about their case history and success rates.
- Find a local lawyer: Hire an attorney with experience specific to the Indiana lemon law since not all states enforce the same rules.
- Compare fees and terms of payment: Drivers should always learn how much attorneys want to be paid and recognize whether or not that lines up with their personal budgets. It is important that they can afford a lemon law attorney and no surprise terms or fees come up later.
Drivers who do not entirely understand the Indiana lemon law can gain a lot from hiring an attorney to represent them. Attorneys are usually great investments, as long as drivers can afford them, and they can be very helpful when dealerships do not want to cooperate.
While also assisting drivers who do not want to deal with the manufacturers or try to sort out the laws themselves, attorneys can assist with car lemon law cases by:
- Detailing your rights and options to you.
- Making sure the manufacturer obeys the law in Indiana.
- Making sure you receive everything to which you are authorized.
- Handling the whole case from start to finish.
- Dealing with all of the paperwork for you.
Additional New and Used Car Laws in Indiana
If an Indiana resident purchases a used car that is not eligible for protections under this law, he or she can instead turn to the Deceptive Consumer Sales Act through the Attorney General’s Consumer Protection Division if the vehicle has a major undisclosed defect.
This law is comparable to a used car lemon law because it allows drivers to file a claim if the dealer from whom they purchased the vehicle gave them false or misleading information and the car demonstrates a significant issue.
How to Tell if Your New Car Is a Lemon
Drivers who cannot tell if their car meets the requirements of the Indiana lemon law can verify their car’s defective status by checking if it meets the below criteria.
- The vehicle has an extensive nonconformity that appeared within 18 months or 18,000 miles after purchase.
- The vehicle’s nonconformity is covered by a warranty.
- The vehicle’s nonconformity cannot be repaired after at least four tries by a mechanic to fix it.
Indiana residents with cars that meet the new car lemon law requirements can then move on to the lemon law buyback or refund stage. A good way to increase your chances of avoiding purchasing a lemon vehicle is knowing which cars are most likely to demonstrate these faults.
The car models in 2018 with the highest number of complaints were:
- Mercedes-Benz B
- Chevrolet Volt
- Hyundai Santa Fe Sport
- Chrysler Pacifica
- Tesla Model S