How does the lemon law process work in Indiana?
Indiana's lemon law process is enforced through civil court, preceded by required informal dispute resolution where the manufacturer has a state-certified program.
1. Governing Statute
Ind. Code § 24-5-13 (Motor Vehicle Protection Act). Consumer assistance through the Indiana Attorney General's Consumer Protection Division.
2. Coverage
Covers new motor vehicles registered in Indiana with a manufacturer's GVWR of 10,000 pounds or less, that are sold and registered to a person who uses the vehicle primarily for personal, family, or household purposes. Demonstrators included. Excludes conversion vans, motor homes, farm tractors, motorcycles, mopeds, snowmobiles, vehicles modified by a non-manufacturer, and used vehicles. Leased vehicles covered.
3. Lemon Presumption
Under Ind. Code § 24-5-13-15, presumption applies if within the Term of Protection (18 months from delivery or 18,000 miles, whichever first): (a) the same nonconformity has been subject to repair 4 or more times, or (b) the vehicle is out of service for repair 30+ business days.
4. Notice to Manufacturer
After the 3rd attempt or 30 business days OOS, the consumer must give the manufacturer written notice by certified mail. The manufacturer has 10 business days to correct the nonconformity (§ 24-5-13-15).
5. Manufacturer's Buy-Back / Replacement
At the consumer's option, manufacturer must replace with a comparable new vehicle or refund the full purchase price (cash price, taxes, finance charges, registration, dealer add-ons) minus a reasonable allowance for use (statutory formula: price x miles to first report / 90,000).
6. Arbitration
If the manufacturer has a state-certified informal dispute settlement procedure, the consumer must first resort to it (§ 24-5-13-19). Decision binds only the manufacturer; the consumer may reject and sue within 6 months.
7. Lawsuit & Fee-Shifting
A prevailing consumer recovers reasonable attorney's fees, expert witness fees, and costs (§ 24-5-13-23). Parallel claims under Magnuson-Moss (15 U.S.C. § 2310(d)) and the Indiana Deceptive Consumer Sales Act (Ind. Code § 24-5-0.5) are commonly added.
This is legal information, not legal advice.
- Manufacturer's certified arbitration awarded less than full buy-back
- Conversion van or motor home (excluded from state Lemon Law)
- Deceptive Consumer Sales Act claim with treble damages
- Ind. Code § 24-5-13 (Motor Vehicle Protection Act)
- Ind. Code § 24-5-0.5 (Deceptive Consumer Sales Act)
- 15 U.S.C. § 2301 (Magnuson-Moss)
- 16 CFR Part 703
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.