Frequently Asked Indiana Lemon Law Questions & Answers
You’ve got Indiana lemon law questions and we have answers! If you have been Googling whether your car is lemon and what options you might have, you are in the right place!
Below are some of the most frequently asked questions and answers on Indiana lemon law. While every case is different and this information is not meant to provide specific legal advice, hopefully this information helps you understand the process a little better. And once you’ve read through these lemon law questions and answers, call Chambers Law Office to speak with an experienced lemon law attorney today!
Question: I bought a recreational vehicle and since driving it off the dealership lot, I have had nothing but problems and the dealership has had it for more than 3 months. Does my vehicle qualify under the Indiana Lemon Law Statutes?
Answer: Unfortunately, no (but there may be another law that covers you!). The Indiana Lemon Law Statutes are very specific on which vehicles qualify. In general, the vehicle must be for personal use. However, while a recreational vehicle (RV) doesn’t qualify under the Indiana Lemon Law, it may still qualify as a vehicle under the Federal Magnuson Moss Warranty Act.
Question: I bought a brand new vehicle and have experienced problems. I know I have a lemon and have demanded a repurchase from the manufacturer. What kind of refund can I expect if my demand is accepted by the manufacturer?
Answer: It depends. Every situation is unique and must be determined by evaluating whether or not some of the following factors exist or apply:
- Whether or not registration fees were paid to the Bureau of Motor Vehicles;
- Whether or not any negative equity was rolled into the vehicle from the traded-in vehicle;
- Mileage offset;
- Whether there were any receipts out of pocket for vehicle rentals not covered by the dealership;
- Other factors laid out in the Indiana lemon law statutes.
Question: I experienced problems with my vehicle and took it to an authorized dealership but they never gave me any documentation for the repairs. Will this prevent me from pursuing a lemon law claim?
Answer: No, not necessarily. In general, dealerships should provide you with a customer copy of the repair order that accompanies the repair. However, in some circumstances, you may not have received on. Not receiving one does not necessarily preclude a claim from being pursued so long as documentation of the complaint has been done. If you are not in possession of a specific repair order, it is possible the manufacturer will be able to access it from the dealership database.
Question: I have been to the dealership multiple times now complaining about my check engine light on. Despite the dealership’s efforts, it doesn’t seem to be fixable. I used to come in and employees at the dealership were friendly to me. Now, after the 4th time, the employees won’t talk to me anymore or if they do talk to me, they are short or seem irritated or annoyed with me. In fact, one employee has told me to stop bringing my vehicle in. What do I do?
Answer: Unfortunately, it is all too common that once a customer has had to repeatedly bring in their vehicle in to be repaired under the bumper to bumper warranty at an authorized dealership, sometimes the mood or the attitude of the dealership changes towards the customer. There is no clear-cut explanation as to why it happens. However, if this happens to you, you might want to seek a different authorized dealership to complete repairs under the warranty. It is generally advised that you should feel comfortable with the authorized dealership your vehicle is being repaired at and if you begin to feel uncomfortable, it’s probably wise to switch to another location.
Question: What if I really like the make and model of the vehicle I bought but the problems I have experienced since purchase make my vehicle undriveable. What are my options?
Answer: Under the Indiana Lemon laws, if your vehicle qualifies, the remedies can either be a repurchase of the vehicle by the manufacturer or the manufacturer can replace your vehicle with another of similar year, make, and model. In general, if the same vehicle features are not available, the manufacturer will usually replace the vehicle with an upgraded newer version.
Question: My significant other and I bought a vehicle together but I am not on the title. Who can pursue a lemon law claim?
Answer: Generally, the only person or persons that can pursue a lemon law claim are those that have ownership of the vehicle and/or the individual or individuals on the title to the vehicle.
Question: I recently purchased a vehicle for myself with 125,000 miles “as is”. As soon as I drove it off the dealership lot, I immediately started having problems with it. The dealership originally said they would fix the problems but now they say I will need to pay for the repairs if I want it fixed. The dealership has had my vehicle now for 32 days. Do I have a claim under the Indiana Lemon Law Statutes?
Answer: Probably not. One of the key components of the Indiana Lemon Law Statutes involves mileage in relation to reporting your first complaint. Claims must be reported within the 1st 18 months or 18,000 miles. While that vehicle you purchased is “new” to you, the statutes require the vehicle to be brand new, i.e. the first or even possibly the second consumer (in a small percentage of cases) to own the vehicle from when it was originally sold for the first time after coming from the manufacturer. “As is” vehicles are sold without a warranty. Indiana Lemon Law statutes require a warranty, generally what is known as a “bumper to bumper” warranty, be in place and that the vehicle be repaired under that warranty.
Question: What if I meet some of the criteria of the Indiana Lemon Law Statute requirements but not all of them?
Answer: In order to qualify under the Indiana Lemon Law statutes, you must meet ALL of the criteria. Think of the statute as a checklist and as you go through each part, if you are unable to meet one part, either your claim is not yet ready to pursue or you do not qualify at all.
Question: I would like to hire an attorney to help on my lemon law claim but I can’t afford to pay attorney fees upfront. Will I be able to hire an attorney?
Answer: Yes! Generally, lemon law claims are taken on a contingency basis. This means there are no fees up-front. If the claim reaches a settlement agreement, you will owe an attorney based on the fee arrangement previously agreed upon (typically a percentage of the money recovered). If there is no settlement agreement reached or the claim turns out to not be viable, you owe nothing. A contingency fee agreement means no fees will be owed to the attorney if there is no recovery. It’s important to understand that with this type of arrangement, an attorney will assess the case up front and determine if the possibility of recovery / settlement outweighs the risk of pursuing the claim.
Question: What if I have a multiple problems with my vehicle and I’ve met the requirements under the Indiana Lemon Law (either 4 attempts to fix it have occurred or it was more than 30 days at the repair shop), can I still pursue a claim?
Answer: Probably. In general, once you meet the requirements to pursue a claim, contact an attorney who specializes in lemon law to discuss your possible outcomes in pursuing a claim and what it means for you.
Question: I am experiencing problems with my vehicle and I have been to the dealership repair shop more times than I can count and I’ve definitely met the minimum requirements, but the problem or problems I am experiencing don’t necessarily meet the requirement that it be a substantial impairment of the vehicle. Do I still have a claim?
Answer: Maybe. Contact Chambers Law Office to speak with an experienced attorney lemon law cases to discuss your possible claim today!
Ready to speak with an attorney? Call Chambers Law Office to schedule a free consultation about your lemon law case. Attorney Katie Kawiecki is an experienced lemon law attorney ready to help you today!