Indiana’s Motor Vehicle Protection Act is designed to protect consumers from automotive defects and to insure that the manufacturer’s warranties are properly enforced.

This law covers cars and light trucks that are less than 18 months old or have fewer than 18,000 miles on them. The vehicles must have been purchased from an Indiana dealer and weigh less than 10,000 pounds gross vehicle weight. Conversion vans, motor homes, tractors, motorcycles, mopeds, snowmobiles and vehicles designed for off road use are not covered by the statute.

In order to qualify for relief under the lemon law, a vehicle must meet the following requirements:

•   * The problem must be a defect or nonconformity which adversely affects the safety, use or market value of the vehicle.
•   * The manufacturer must have been notified about the problem in writing during the warranty period.
•   * The vehicle must be presented to the manufacturer for repairs and the manufacturer must be allowed a “reasonable” number of attempts to repair the problem
•   * The state defines reasonable as four or more unsuccessful attempts to repair the problem. 
•   * The vehicle will also qualify if it has been out of service for 30 or more cumulative business days due to repairs and the problem still exists.

If the manufacturer has filed an informal dispute resolution program with the Indiana Attorney General’s office, then participation in that program is mandatory prior to seeking relief through other means. Most manufacturers have arbitration programs established with most states. These programs are designed to settle these cases as quickly as possible by having both parties explain their case before an ostensibly neutral third party, who will rule in favor of one party or the other. Should the manufacturer not have an arbitration program in place within the state, the vehicle owner has the right to sue the manufacturer directly in court.

The manufacturer must, at the consumer’s option, either replace the defective vehicle with a comparable replacement or refund the purchase price within 30 days of an arbitration judgment or a lawsuit verdict. A refund of the purchase price will include any sales tax, fees, dealer installed options and any finance charges paid by the owner if the vehicle was financed.

Lawsuits must be filed within two years of the date the problem was first reported to the dealer. Lawsuit judgments in favor of the plaintiff may include court costs and attorney fees.

The refund or replacement is subject to an allowance for miles driven. This figure will be determined by dividing the number of miles driven by 100,000 and multiplying the result by the purchase price.

Vehicles repurchased by the manufacturer under the lemon law may be resold in the state, provided that they meet the following requirements:

•   * The title must be stamped with the words “Manufacturer Buyback - Disclosure on File.”
•   * The buyer must be provided with written notice at the time of sale that the vehicle is a lemon law buyback vehicle.
•   * The vehicle must be sold with a 12 month or 12,000 mile manufacturer’s warranty.

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Details can be found the Indiana Lemon Law page