What Is Covered Under
the Lemon Law in Indiana

Lemon Law IndianaBy Harry Bradley, Esq.

Buying a new vehicle should feel like a milestone, not the start of an ongoing headache. Unfortunately, some Indiana drivers find themselves back at the dealership again and again for the same mechanical problem, wondering whether they have any legal recourse. The good news is that Indiana has a specific law designed for exactly this situation. At HC Bradley LLC, we spend a lot of time helping frustrated vehicle owners understand their rights, and one of the most common questions we hear is: What does Indiana’s Lemon Law actually cover?

Indiana’s Lemon Law is formally known as the Motor Vehicle Protection Act, codified at Indiana Code § 24-5-13. It was created to protect consumers who buy or lease a vehicle that has a serious, recurring defect the manufacturer can’t fix. Rather than leaving buyers stuck making payments on a vehicle that spends more time in the shop than on the road, the law gives them a path toward a refund, a replacement vehicle, or another appropriate remedy.

If you believe your vehicle may qualify, don’t wait to get knowledgeable counsel. Call HC Bradley LLC today at 317.564.5060 or fill out the form on this page, and we will get back to you shortly.

Which Vehicles Are Covered

Indiana’s Lemon Law is fairly specific about the types of vehicles it protects. In general, coverage extends to new motor vehicles that are purchased or leased in Indiana primarily for personal, family, or household use. This includes most conventional passenger vehicles that Hoosiers drive every day: cars, pickup trucks, vans, and SUVs. The vehicle typically must be under its original manufacturer’s warranty for the defect to be eligible for a claim.

It’s also important to understand what falls outside the law’s protection. Vehicles that exceed a certain gross vehicle weight rating, most recreational vehicles (aside from the motor vehicle chassis itself), and motorcycles are generally excluded from Indiana’s statutory Lemon Law. Vehicles purchased primarily for business or commercial purposes may also fall outside the scope of coverage, since the law is designed for everyday consumers rather than commercial fleets.

Used automobiles present a somewhat nuanced situation. While Indiana’s state Lemon Law was written with new vehicles in mind, a used vehicle still covered under the manufacturer’s manufacturer’s factory warranty may, in some circumstances, offer a path to relief. Buyers of older or “as-is” used vehicles without a remaining warranty generally do not have protection under the state Lemon Law itself, though other consumer protection laws, such as the federal Magnuson-Moss Warranty Act or Indiana’s implied warranty rules, may still offer options worth exploring with an attorney.

What Counts as a Qualifying Defect

Not every squeak, rattle, or minor cosmetic flaw qualifies a vehicle as a lemon. The defect has to be substantial, meaning it meaningfully impairs the vehicle’s use, value, or safety. A malfunctioning transmission, persistent electrical failures, or a recurring engine problem are the kinds of issues that tend to meet this threshold. A scratch in the paint or a minor trim issue, on the other hand, typically will not.

Just as important, the defect must be covered under the manufacturer’s warranty. If the problem stems from something outside warranty coverage, such as accident damage or normal wear and tear, it generally will not qualify under the Lemon Law framework.

The “Reasonable Number of Repair Attempts” Standard

One of the most important pieces of Indiana’s Lemon Law is the requirement that the manufacturer be given a fair opportunity to fix the problem before a consumer can pursue a refund or replacement. Indiana law defines a “reasonable number of attempts” in one of two ways. Either the vehicle has been taken in for the same substantial defect at least four times without a successful repair, or the vehicle has been out of service for repairs for a cumulative total of at least 30 business days. Whichever threshold is reached first is generally what triggers eligibility.

Timing matters a great deal here. The defect generally must first appear and be reported to the manufacturer or an authorized dealer within 18 months of the first delivery date or within the first 18,000 miles of use, whichever comes first. Keeping complete records of every repair visit, including written repair orders, dates, mileage, and a description of the problem each time, can make an enormous difference if a claim needs to be pursued later.

The Notice Requirement and Arbitration Process

Before heading to court, Indiana law generally requires consumers to give the manufacturer a final opportunity to resolve the issue. This usually involves sending a written notice by certified mail, giving the manufacturer a short window, often around 14 days, to make one last repair attempt. Indiana also requires consumers to go through a certified manufacturer arbitration program, when one is available and has been approved by the Attorney General’s Office, before pursuing a court remedy.

This is where many consumers get overwhelmed. The paperwork, deadlines, and paperwork requirements can be difficult to manage while also dealing with the daily inconvenience of an unreliable vehicle. Having someone review your repair history and correspondence early can help ensure nothing is missed and that your claim is presented in the strongest possible light.

What You May Be Entitled To

When a vehicle is confirmed to be a lemon under Indiana law, consumers are generally entitled to either a replacement vehicle or a refund of the purchase price, which can include taxes, registration fees, and other related costs, minus a reasonable deduction for the use the consumer got out of the vehicle before the defect was reported.

If your new vehicle has spent more time at the repair shop than in your driveway, you don’t have to handle this process alone. Call HC Bradley LLC today at 317.564.5060 or fill out the form on this page, and we will get back to you shortly.

 

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Harry Bradley

P:  630-453-5159
F:  630-447-0058
E:  harry@hcbradleyllc.com

About Harry Bradley

Mr. Bradley appears primarily in Indiana and Illinois courts but has also appeared pro hac vice in Ohio, Florida, and California state courts as well as in the United States District Court for the Central District of California as pro hac vice counsel on difficult cases. 

After 10 years practicing in law firms in Chicago and the western suburbs Harry opened his own business law firm in 2013.  The practice has expanded to include commercial and civil litigation, and representation of small businesses, as well as consumers (and sometimes dealers) with dispute resolution involving a new product, warranty, or service contract. 

Harry’s practice has focused on various business issues including sales and service agreements, product warranties, FTC compliance, arbitration agreements, fraudulent sales litigation, and has also represented clients with issues arising under the state commercial code.  Additionally, he has represented clients in insurance defense litigation, subrogation, and collections.

Harry is a veteran of the U.S. Navy and served aboard the destroyer U.S.S. Fife, receiving the National Defense and Southwest Asia Service Awards for his participation in Operation Provide Comfort following Desert Storm.

Originally from Valparaiso, Indiana, Harry now resides in Naperville, Illinois. His hobbies include automobiles, fishing, astronomy, and barbecue cooking. 

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