FAQ - indiana

Frequently Asked Questions About The Lemon Law

Man with mustache leaning on yellow car with speech bubbles near him.

What Are Lemon Laws?

Before lemon laws were put into place, consumers weren’t protected if a new or used car dealer sold them a car that didn’t operate as it should. These individuals were left to struggle to pay for the repairs or trade their vehicle in for a different one. Today, these lemon laws are designed to protect these consumers. If a vehicle qualifies as a lemon based on state or federal laws, the consumer is eligible for compensation from the manufacturer. These lemon laws dictate the number of attempts that must be completed to repair the vehicle, as well as the timeframe in which those repairs must take place. Contact our attorneys today to find out if your car qualifies.

How Does the Lemon Law Work?

When it comes to the lemon law, it is important to understand how it works before you get started on your case. Each state has its own lemon law in place to protect consumers. These laws state that a consumer has a right to compensation from a vehicle manufacturer if the manufacturer fails to repair its vehicle “within a reasonable number of attempts.” The laws are state specific but generally will require that a vehicle be presented for repair three (3) or four (4) times for the same problem within the first twelve (12) to eighteen (18) months of ownership or that the vehicle is out of service due to repairs at least thirty (30) calendar or business days. If your vehicle qualifies, you should hire one of our lemon law attorneys to help you proceed with your case.

Can I get my money back after buying a defective automobile?

Yes, in many instances you can, or you may qualify for other forms of relief, such as money damages or a replacement vehicle. We have heard many stories of auto dealers and manufacturers misleading people into believing that Lemon Laws apply exclusively to new and late-model vehicles. This simply is not accurate. In fact, many state laws provide ample protection when purchasing a used vehicle. Even more significant, if you purchased a used vehicle with a warranty, it is also protected by Federal lemon laws. Contact the attorneys at Krohn & Moss, Ltd. Consumer Law Center® to find out what form of relief that you qualify for under the law.

My car has problems. Can I get the dealer to replace it without hiring an attorney?

You would think so, but sadly the answer to this question in far too many cases, is no. Attempting to resolve a lemon law dispute over the phone or even in-person on your own, can be next to impossible. Mere mention of words like vehicle replacement, refund, lawsuit, attorney and Lemon Law, usually ends up with you making countless calls back and forth, and leaving just as many unanswered messages. Remarkably, one of the most common strategies for those being accused of selling a bad vehicle, is to give the buyer the impression that they’re actually looking into it, with no intentions of ever doing so. Ultimately the goal is to wear you out mentally and emotionally, in the hopes that you scrap or sell the vehicle as-is. One of the reasons to work with a qualified Lemon Law attorney, is that in many cases, agreements are often signed in haste without reading the fine print of the refund agreement. Often times, what is said in a meeting and what is actually contained on paper are two completely different things. At Krohn & Moss, Ltd. Consumer Law Center® we make sure that you actually receive what has been promised as a result of your settlement. And since we seek our attorneys’ fees from the manufacturer, it only makes sense to let us represent you.

What if my vehicle repair record shows no problems?

When you purchase a vehicle from a dealer, there’s a trail of paperwork and documentation that you never see and, in many cases, have no idea it even exists. This includes everything from customer copies and warranty payment documents, to dealership bookkeeping and hard copies. The hard copy, for example, contains the original notes made by the mechanic who inspected and/or signed off on your vehicle. In some instances, you will find the phrase Could Not Duplicate Customer Concern stamped on the customer copy, while the hard copy often contains notes made by the mechanic, which clearly states the opposite. Not only does this leave your vehicle in need of repairs, it also sends you back out on the road with a potentially dangerous vehicle. By carefully sourcing and investigating all existing paperwork, our attorneys can detect whether or not any vehicle problems were noted upon acceptance.

Will I need to pay a legal retainer for my Lemon Law case?

No. From a personal perspective, we at Krohn & Moss, Ltd. Consumer Law Center® feel that no consumer should ever be expected to pay a retainer fee when attempting to resolve a dispute under the Lemon Law. Some law firms charge retainer fees, because they don’t have great confidence in your case or in their ability to prevail on your behalf. As we near our twenty (20) year anniversary at Krohn & Moss, Ltd. Consumer Law Center®, it goes without saying that we are vastly experienced and highly successful when it comes to fighting for consumer rights under the Lemon Law. We will never ask a consumer to pay a retainer fee!

What rights do I have against automobile manufacturers and dealers who knowingly sell bad vehicles?

Most consumers are surprised to learn that the Lemon Law is a real thing, and not just a myth born from an old cliché. The simple fact is that the minute your vehicle purchase is complete, you are protected by a wide spectrum of rights; each one designed specifically to prevent the deliberate sale of faulty vehicles. The specific definition of these rights varies on a state-by-state basis and is broad in the scope of the protection they provide. Additionally, federal Breach of Warranty laws provide further protection for you if you don’t qualify for Lemon law protection. At Krohn & Moss, Ltd. Consumer Law Center® our attorneys will work closely with you to determine which specific rights apply to your case and will advise you of such.

What will my responsibilities be during the investigation and legal process?

The process of filing a claim under the Lemon Law is surprisingly easy, though most people assume that it will be complicated. Here is a list of what you will need to provide during the investigation process:

  • The vehicle’s repair history or service log
  • All sales documentation
  • Any warranty or extended coverage paperwork issued
  • Statement about the poor performance of your vehicle

How do I find out if my situation qualifies for a Lemon Law case?

As one of the country’s largest and most experienced Lemon Law firms, Krohn & Moss, Ltd. Consumer Law Center® makes it easy to determine whether or not you have a case against an automobile dealer or manufacturer. Simply fill out our FREE Case Evaluator form to begin the process. One of our qualified lemon law attorneys will review your information free of charge and immediately let you know the next step in getting started.

What happens after I contact the attorneys at Krohn & Moss, Ltd. Consumer Law Center®?

We will first evaluate at no charge to you whether you have a case and what we can do for you. To start the process, we will ask you to provide us with your repair history, i.e. either the actual repair receipts you received or some summary from the dealer. After we review your repair history we will call you and advise you about what laws you qualify for and what relief we believe we can obtain for you. We will also go over with you in detail how we will use federal and/or state laws to seek our attorneys’ fees incurred from the automobile manufacturer or dealer. From there, the pace of your case will depend on a number of variables. We will begin the process of investigating and contacting the appropriate parties, while tending to the filing of any necessary paperwork or court documentation. Keep in mind that each state’s Lemon Law varies and our attorneys will tailor your claim to the specific location and details of your case.

What Is Considered a Lemon?

For a vehicle to be considered a lemon, it must meet certain requirements. While each state is different, there are some general things that hold true across the board. First of all, the vehicle needs to have some type of defect or non-conformity. Under most state laws, the defect must have taken place within a specific period of time or a certain number of miles after the vehicle was purchased or leased. Additionally, most state lemon laws require that the defect or non-conformity could not be fixed after several repair attempts. While state lemon laws for cars usually only apply to new, the Magnuson-Moss Warranty Act, also known as the federal Lemon Law, applies to all cars covered by a warranty, whether the car is new or used. It is important that you speak to an experienced lemon law attorney who may assess your rights.

What are types of defects that are covered by lemon laws?

Most state lemon laws require that for the car owner or lessee to recover, they must prove that the defect or non-conformity substantially impairs the use, value or safety of the vehicle. Every situation is unique and a defect that you might not ordinarily think is substantial, very well might be depending on how it affects you. For instance, even something that is seemingly as minor as the illumination of a light on your dash board might signify a larger problem. Or, something like a brake squeak might be substantial if it affects your use and enjoyment of the vehicle every time you get behind the wheel. It is for this reason that you should speak to an experienced lemon law attorney who may assess your rights and tell you their opinion on what you may recover. Keep in mind, that the federal Lemon Law has no requirement that the defects in the vehicle be substantial. Rather, the federal Act looks to the obligations of the manufacturer to repair your vehicle as detailed in your warranty. Notably, the typical car manufacturer’s warranty promises to repair all defects in materials and workmanship in the vehicle. It does not restrictcoverage to only “substantial” defects. Therefore, even minor defects are covered under the federal Act if the manufacturer,by and through its dealers, was unable to repair the vehicle after being afforded a reasonable opportunity to do so.

What is a reasonable number of repair attempts to repair my car?

Before being able to reap the benefits of the lemon law, you must allow the manufacturer or dealer to make a reasonable number of attempts or you must provide them with a reasonable time to fix the issues before your vehicle may be considered a lemon. Although every state law varies, most states require that the consumer provide the manufacturer or its dealers with at least3 times or 30 days to fix a vehicle defect or non-conformity. In some states, as little as 1 repair attempt may be sufficient to deem a car a lemon if the defect is something that affects the safety of the vehicle.

How We Can Help Your Lemon Law Situation?

It is estimated that more than 150,000 cars annually, or about one percent of all new cars, are considered lemons. Although state and federal lemon laws vary, a lemon is generally considered any vehicle that has repeated defects or non-conformities that cannot be repaired after a reasonable time or a reasonable number of attempts. If you want to take advantage of state and federal lemon laws for car purchases, it’s important to understand what qualifies as a lemon and what steps you need to take to put yourself in the best position to receive maximum possible relief under the law. The attorneys at Krohn & Moss, Ltd. Consumer Law Center® have worked in this area of law since 1995 and can help you assess your claims and counsel you on the best course of action for moving forward. Should you qualify for relief, we will do our best to ensure that you settle your claims for what the law entitles, which may be a refund for your car, a replacement vehicle, or monetary compensation in other instances. We will also not charge you a fee unless you win or settle your case.

What types of products does the Indiana Lemon Law apply to?

The Indiana Lemon Law provides comprehensive protection to any motor vehicle, such as cars, trucks, vans, and SUV’s. Plus federal lemon laws supplement the Indiana lemon law to include ANY consumer product. Therefore, whether your expensive flat screen television, refrigerator, or computer is defective, the federal lemon laws allows you to seek recourse for a manufacturer’s failure to repair these consumer products.

Does the Indiana Lemon Law apply to used cars?

Yes, the Indiana lemon law applies to any vehicle where defects have been reported at least once during the first 18 months of the life of the vehicle or during the first 18,000 miles on the vehicle’s odometer, whichever comes first.  In addition, the federal lemon laws cover used vehicles that have had multiple repairs attempted during the manufacturers written warranty even if these repairs were outside the first 18,000 miles or 18 months of the life of the vehicle.

How do I know if my vehicle a “lemon” in the State of Indiana?

If you have reported problems with your vehicle before either 18,000 miles or 18 months, and the manufacturer’s dealerships have not been able to fix the problem despite being given a reasonable number of repair attempts, then you likely have a “lemon” vehicle under the Indiana Lemon Law. However, you may still have a lemon under the federal Magnuson-Moss Warranty Act if your problems occurred after the vehicle’s first 18,000 miles or 18 months.

Why to Hire A Lemon Law Attorney in State of Indiana?

The manufacturers of automobiles and other consumer products have virtually limitless resources. Rather than attempting to fight a battle with a gigantic corporation by yourself, you may retain an experienced Lemon Law attorney who may best protect your interests and provide you with the greatest possible chance to obtain a maximum recovery. What’s more, you may retain an attorney without having to pay the attorney to represent you. Federal law provides that if you prevail on your claims that the manufacturer is responsible to pay your attorneys’ fees! Therefore, if you hire Krohn & Moss, Ltd. Consumer Law Center® and you do not prevail, we will not charge you for our time representing you. In other words, we will only get paid if you get a recovery!

What is a “reasonable number” of repair attempts under Indiana Lemon Law?

In Indiana, a “reasonable number” of repair attempts is if the problem still exists after the dealership has been given at least four (4) repair attempts OR if the problem still exists after the vehicle has been at the dealer a cumulative total of thirty (30) business days.

Does the Indiana lemon law apply to private party sales?

YES, even if the vehicle is purchased used from a private party, so long as the problems are reported to the manufacturer’s dealerships either within the first 18 months of the life of the vehicle or during the first 18,000 miles on the vehicle’s odometer, whichever comes first, the Indiana lemon law will apply.  PLUS, the federal lemon law will cover the vehicle bought used from a private party if the vehicle has been taken to the manufacturer’s dealerships during the manufacturer’s warranty period.

How do I contact Krohn & Moss, Ltd.® Consumer Law Center?

You can reach the Krohn & Moss, Ltd. Consumer Law Center® by phone at 800-US-LEMON (800-875-3666) OR you can simply fax your vehicle’s repair records to us at 1-866-203-9227 for a FREE REVIEW. You will hear back from us promptly after we receive your fax. You may also apply online by completing a free case review.

What happens after I contact the attorneys at Krohn & Moss, Ltd. Consumer Law Center®?

First, we will provide you with a free case review. This involves reviewing your vehicle’s repair history and explaining the relief we expect to win for you. We’ll also explain in detail how the manufacturer or dealer will be obligated to pay our attorney fees and the federal/state laws that require them to do so.

From there, the pace of your case will depend on a number of variables. We will begin the process of investigating and contacting the appropriate parties while filing any necessary paperwork or court documentation. In most cases, we secure settlements for Indiana consumers quickly, allowing you to focus on more important matters.

Does the Indiana Lemon Law Apply to Private Party Sales?

YES, under the Indiana Lemon Law, used cars and private party sales are protected. As long as the defects are reported to the manufacturer’s dealerships either within the first 18 months or 18,000 miles of the vehicle’s life, whichever comes first, the Indiana Lemon Law will apply.

PLUS, the federal Lemon Law covers vehicles that have been taken to the authorized dealerships to repair the defects during the manufacturer’s warranty period.

Why Should I Hire a Lemon Law Attorney in Indiana?

Because it improves your chance of collecting what you’re owed and doesn’t cost you anything to do so. Rather than attempting to fight a battle with a gigantic corporation alone, hiring an experienced lemon law attorney gives you the best chance of securing the maximum recovery.

Do You Have A Lemon?

We’ve put together a simple, effective evaluator to help you determine whether or not you have a lemon.

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