Almost every vehicle has a couple of kinks that need to be fixed, but after you have a few miles on your new vehicle, you anticipate it to run like a charm – and it should. But what else could you do when your new ride has a serious defect and the dealer can’t (or won’t) repair it? Under Indiana lemon law, you do have some rights.
Lemon laws in Indiana state covers following things-
Vehicles covered under the lemon law in Indiana-
Indiana's lemon law covers new passenger vehicles, vans, SUVs and trucks with a gross vehicle weight rating of less than 10,000 pounds. Additionally, it covers used vehicles which are sold during the new vehicle warranty period.
What’s considered a “lemon”?
As a way to be considered a “lemon,” the vehicle need to have one or more defects that affect the safety, use or value of the vehicle. The defect first manifest itself during the first 18 months from the delivery date or first 18,000 miles on the odometer - whichever comes first. Furthermore, the vehicle should have been taken in for 4 thwarted repairs of the same problem or been out of service for 30 business days and the dilemma still exists. Plus, you must notify the manufacturer of a claim after the four repairs or thirty days but while the dilemma still exists.
How do you pursue a lemon law claim?
First, look in your owner’s manual to see if the manufacturer needs that you file a request for manufacturer’s arbitration system. If so, you have to go through arbitration first - but only when the maker's arbitration is certificated by the Indiana Attorney General (as of April, 2008, this included Volkswagen, General Motors, Saturn, Mitsubishi, Kia and Isuzu). Otherwise, you can go ahead and take manufacturer to court. Remember, though, that manufacturers have groups of lawyers that do absolutely nothing but fight lemon law assertions, and that you will simply be on equal footing if you have a lemon law attorney at your side. Since Indiana’s lemon law states that, in a flourishing lemon law action, the manufacturer has to pay your attorney fees, you should not have to. Usually, with the help of the lawyer, you may get a refund, cash settlement or replacement vehicle without having to go through the whole lemon law procedure.
What kind of award can you get with a lemon law claim?
If you are successful, it is possible to get a replacement vehicle or perhaps a monetary award, which consists of the full contract price, credits and allowances for any trade-in vehicle, tax fees, registration fees, finance charges dealer-installed options, vehicle towing and rental costs, and attorneys’ fees. In case you choose a refund, there might be a deduction for your use of the vehicle, which is calculated by a specific formula.
What should you do if you think you have a lemon?
There are several steps that you should take if you think you have a lemon. First, maintain a log of every communication you have with the dealer or manufacturer. Also, note every time and date that you have a trouble with the vehicle, as well the days that the vehicle is out of service, either because it’s in the shop or simply because it’s not in working condition. Second, maintain all of your repair records; never leave the store without a copy of the work order. Third, maintain any written correspondence you've. Indiana requires that you send the manufacturer a demand letter just before filing suit, so ensure that you have the paperwork to back that up. Finally, contact a lemon law attorney, like Robert Duff at the Indiana Consumer Law Group, after the third repair attempt. They might help you to go through the final steps that will lawfully establish your automobile as a lemon.
What should you do if your vehicle isn’t considered a lemon under the law?
Even if your vehicle does not meet the stringent definitions of Indiana lemon law, there are other types of federal and state laws, which will assist you to get the compensation you deserve. Ask an attorney to find out your alternatives.
