Indiana Lemon Law: Do You Qualify?

Indiana lemon law at a glance

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The “term of protection”: 18 months from original delivery or 18,000 miles driven after it, whichever is earlier. If the buyer reports a nonconformity within it, the manufacturer must make the necessary repairs even after it ends (IC 24-5-13-8). The Attorney General’s brochure says to report the problem within 18 months or 18,000 miles; the refund provision itself names no term.

What counts as a problem

A “nonconformity” is any specific or generic defect or condition, or any concurrent combination of them, that substantially impairs the use, market value or safety of the vehicle, or makes it nonconforming to the manufacturer’s warranty.

Repair attempts

At least 4 repairs of the nonconformity, and it continues to exist. The act states no separate, lower count for safety defects.

Days out of service

A cumulative total of at least 30 business days for repair of any nonconformity (every day except Sundays and legal holidays, so Saturdays count), and the nonconformity continues to exist. The period is extended while repair services are unavailable because of a strike, civil unrest, fire, natural disaster, terrorist attack, act of God or act of war, and the manufacturer, its agent or dealer must provide or arrange free use of a vehicle then; the manufacturer must show the cause.

Written notice

A buyer must first notify the manufacturer only if the manufacturer disclosed in the warranty or owner’s manual that written notification is required, with a name and address to send it to. If it did not, you are not required to notify it. The act sets no deadline for the notice.

Informal dispute procedure

The act does not apply to a buyer who has not first resorted to a manufacturer’s informal procedure that the Attorney General has certified (as complying with 16 C.F.R. 703 and the Attorney General’s other certification rules), if you received adequate written notice of it.

Manufacturer’s defenses

It is an affirmative defense that the problem does not substantially impair the use, value or safety of the vehicle, or that it results from abuse, neglect or unauthorized modification or alteration of the vehicle by the buyer.

Deadline to sue

Two years from the date you first report the problem to the manufacturer, its agent or an authorized dealer; paused while an informal dispute procedure you commenced is being conducted. A civil action goes in any circuit or superior court.

Leases

A “buyer” includes a person who contracts for the lease of a covered vehicle, and a “lease” is a contract for the use of a vehicle for more than four months. A leased vehicle’s refund is split between the lessee and the lessor.

Used vehicles and later owners

The act has no separate used-vehicle track, and its term of protection runs from original delivery. It covers vehicles “transferred” by a dealer as well as sold, and a “buyer” is any person who contracts to purchase a covered vehicle for purposes other than resale or sublease; no provision says whether a later owner has the rights of the first.

Dealers

The chapter imposes no liability on a dealer and creates no cause of action against one, so a lemon-law claim runs against the manufacturer (claims about undisclosed methamphetamine contamination are the exception).

Other law

The chapter does not limit the rights or remedies otherwise available to a buyer under any other applicable law. A separate chapter, IC 24-5-13.1, covers a “converted motor vehicle” (a new vehicle modified to be accessible for a person with a disability); this site does not apply it.

Indiana lemon law: frequently asked questions

How many repair attempts does the Indiana lemon law require?

A reasonable number of attempts is considered to have been undertaken if the nonconformity has been subject to repair at least four times by the manufacturer or its agents or authorized dealers and continues to exist, or if the vehicle is out of service by reason of repair of any nonconformity for a cumulative total of at least thirty business days and the nonconformity continues to exist. The act states no separate count for safety defects. The manufacturer may still raise the defenses in IC 24-5-13-18.

Do Saturdays count toward the 30 days?

Yes. A business day is any day other than a Sunday or a legal holiday as listed in IC 1-1-9-1, so Saturdays count. Legal holidays include Election Day. A manufacturer, its agent or dealer may not refuse to diagnose or repair to avoid liability, and must give you a written repair order each visit; keep every one.

How long do I have to sue under the Indiana lemon law?

An action must be commenced within two years following the date you first report the nonconformity to the manufacturer, its agent or an authorized dealer. If you commenced the manufacturer’s informal dispute procedure, the two years are tolled while it is being conducted.

Do I have to notify the manufacturer or use its dispute program first?

Notice: only if the manufacturer disclosed, clearly and conspicuously in the warranty or owner’s manual, that written notification is required and gave a name and address; then a buyer must first notify it, and the disclosure says notification is required before the buyer may be eligible for a refund or replacement. The act sets no deadline for it. Dispute program: the chapter does not apply to a buyer who has not first resorted to an informal procedure if the Attorney General has certified it and you received adequate written notice of it, which includes incorporating it into the written warranty. Whether a manufacturer’s procedure is certified is not something this site can check.

What can I recover if my vehicle qualifies in Indiana?

The manufacturer must accept the vehicle back and, at your option, within thirty days either refund the amount paid or provide a replacement of comparable value. The refund is the full contract price, including trade-in credits, less an allowance for use (the price times the miles driven before the manufacturer accepts the return, divided by 100,000), plus all sales tax, the unexpended prepaid registration fee and excise tax, finance charges actually expended and dealer-added options. The manufacturer also reimburses necessary towing and rental costs, and on a replacement the transfer fees and sales tax. A buyer who prevails also recovers costs and attorney’s fees. You may keep using a returned vehicle until you are tendered a full refund or a replacement; in a refund that use is reflected in the allowance for use.

Statutes cited on this page

• Indiana Code § 24-5-13-1 (application of the Motor Vehicle Protection chapter)
• Indiana Code § 24-5-13-5 ("motor vehicle": weight limit, Indiana sale and registration, excluded vehicles)
• Indiana Code § 24-5-13-6 ("nonconformity": substantial impairment or nonconformity to the warranty)
• Indiana Code § 24-5-13-7 (term of protection: 18 months or 18,000 miles from original delivery)
• Indiana Code § 24-5-13-8 (repairs after the term when the nonconformity was reported within it)
• Indiana Code § 24-5-13-15 (reasonable number of attempts: four repairs or thirty business days)
• Indiana Code § 24-5-13-2 ("business day": a day other than Sunday or a legal holiday)
• Indiana Code § 24-5-13-9 (notice to the manufacturer, only if the manufacturer disclosed the requirement)
• Indiana Code § 24-5-13-19 (informal procedure certified by the Attorney General)
• Indiana Code § 24-5-13-18 (affirmative defenses)
• Indiana Code § 24-5-13-23 (two years from the first report of the nonconformity, tolled during an informal procedure)
• Indiana Code § 24-5-13-11 (refund: contract price less allowance for use, plus tax, registration, finance charges, dealer options)
• Indiana Code § 24-5-13-11.5 (refund for a leased vehicle: lessee and lessor shares)
• Indiana Code § 24-5-13-13 (towing and rental costs reimbursed)
• Indiana Code § 24-5-13-22 (prevailing buyer recovers costs and attorney fees)

This page summarizes the statute in plain language and is not legal advice. The linked official text controls.