You
are protected from defective late model vehicles by the Indiana lemon
law. The Indiana lemon law or the Motor Vehicle Protection Act provides
protection to Hoosier consumers who purchase vehicles which fail to meet
certain basic standards.
The
Attorney General Consumer Protection website states that, the Indiana
lemon law covers cars or light trucks bought or leased for personal use
from Indiana dealers are covered by the Indiana lemon law, within the 18
months from the day of their delivery, with less than 18,000 miles.
Information
for the Indiana’s lemon law available on the Indiana Attorney General’s
website would lead one to believe that it only applies to new cars.
This info on the website leaves an impression that if one buys a used
car older than 18 months with more than 18,000 miles one does not have a
claim for the Indiana lemon law protection.
Paul K. Ogden was a
Deputy Attorney General when the law was originally passed. According to
him, the Indiana lemon law does not say that the Indiana lemon law only
applies to new cars, it is the website that does it.
The Indiana lemon law statutes – IC 24-5-13 et seq
IC
24-5-13-1: Application of chapter Sec. 1: This chapter applies to all
motor vehicles which are sold, leased, transferred, or replaced by a
dealer or manufacturer in the State of Indiana.
IC
24-5-13-3″Buyer” defined Sec. 3: As used in this chapter, “buyer” means
any person who, for purposes other than resale or sublease, enters into
an agreement or contract within the State of Indiana for the transfer,
lease, or purchase of a motor vehicle covered under this chapter.
IC 24-5-13-5″ Motor vehicle” and “vehicle” defined Sec. 5.
As used in this chapter, “motor vehicle” or “vehicle” means any self-propelled vehicle that:
* Has a declared gross vehicle weight of less than ten thousand (10,000) pounds
* Is sold to a buyer in Indiana and registered in Indiana
* Is sold to a buyer in Indiana who is not an Indiana resident (as defined in IC 9-13-2-78)
* Is intended primarily for use and operation on public highways
* Is required to be registered or licensed before use or operation
The
term does not include conversion vans, motor homes, farm tractors, and
other machines used in the actual production, harvesting, and care of
farm products, road building equipment, truck tractors, road tractors,
motorcycles, mopeds, snowmobiles, or vehicles designed primarily for off
road use. Nowhere in any of the statutes does it say that, the Indiana
lemon law only applies to a buyer of a “new” car.
Where does the 18 month/18,000 mile language cited by the Attorney General come from?
Take a look at IC 24-5-13-7: Sec. 7
As used in this chapter, “term of protection” under the Indiana lemon law means a period of time that:
* Begins on the date of original delivery of a motor vehicle to a buyer
*
In the case of a replacement vehicle provided by a manufacturer to a
buyer under this chapter, on the date of delivery of the replacement
vehicle to the buyer
* Ends the earlier of eighteen (18) months
after the date identified under subdivision (1) or the time the motor
vehicle has been driven eighteen thousand (18,000) miles after the date
identified under subdivision (1)
The “term of protection” under
the Indiana lemon law runs 18 months/18,000 miles (whichever comes
first) from the time the person receives the car. That section does not
say that the Indiana lemon law protection applies only to a car with
less than 18,000 miles on it or less than 18 months old. To interpret it
that way is akin to misreading the express language of the statute of
the Indiana lemon law.
No other statute in the chapter says that
the Indiana lemon law is limited only to “new” cars. And sadly, it has
been misinterpreted and applied only to new cars for the last 20 years
by the Attorney General’s Office. What amazes about the Indiana lemon
law is how everybody fails to read the actual statutes. It is high time
one read the statutes carefully and let the Indiana lemon law attorneys
handle the Indiana used car consumer complaints.
If you have
already landed an Indiana lemon used car you need an Indiana lemon law
attorney on your side to help you get even with the fraudulent Indiana
used car dealer. Since a used car coverage under the Indiana lemon law
appears to be very ambiguous, you should consult Indiana lemon law
attorneys immediately to check if you have grounds to sue the Indiana
used car dealer. Getting back your money you spent on the used car in
the state of Indiana might not be easy, but with the Indiana lemon law
attorneys on your side you would stand a better chance of winning your
case. Only an Indiana lemon law attorney is your best bet as he can
choose the best recourse for your Indiana used lemon car. Indiana lemon
law attorneys comprehend the Indiana lemon law system better and they
can resolve problems far more efficiently.
Contact the attorneys
at Krohn & Moss, Ltd. to stop your Indiana lemon car case from being
dismissed, only because the car is used. If you like to find out if you
are entitled to money back call 1-800-US LEMON