Lemon Law Demand Letter — Indiana

INDIANA MOTOR VEHICLE PROTECTION ACT DEMAND LETTER

STATUTORY NOTICE — IC 24-5-13 — LEMON LAW CLAIM

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED (Article No.: [____________________])
AND OVERNIGHT DELIVERY — SIGNATURE REQUIRED

Date: [__/__/____]

[MANUFACTURER NAME]
ATTN: Lemon Law / Customer Assistance Center / Legal Department
[MANUFACTURER ADDRESS]
[CITY, STATE ZIP]

[SELLING/SERVICING DEALER NAME]
ATTN: General Manager / Service Manager
[DEALER ADDRESS]
[CITY, STATE ZIP]

Re: INDIANA MOTOR VEHICLE PROTECTION ACT — STATUTORY NOTICE OF CLAIM
Consumer: [CONSUMER FULL NAME]
Vehicle: [YEAR] [MAKE] [MODEL] [TRIM LEVEL]
VIN: [________________________________]
Purchase / Lease Date: [__/__/____]
Mileage at First Reported Defect: [________________________________]
Current Mileage: [________________________________]

Dear Sir or Madam:

This law firm represents [CONSUMER FULL NAME] ("Consumer") in connection with the purchase/lease of the above-referenced vehicle. The vehicle qualifies as a "lemon" under the Indiana Motor Vehicle Protection Act, Ind. Code § 24-5-13-1 et seq., and the federal Magnuson-Moss Warranty Act, 15 U.S.C. § 2301 et seq.

TO THE EXTENT WRITTEN NOTICE IS REQUIRED under IC 24-5-13-9, this letter constitutes that written notification to the manufacturer of the nonconformity and Consumer's claim, and demands that you accept return of the vehicle and, at Consumer's option, provide a refund or replacement under IC 24-5-13-10.

I. INDIANA MOTOR VEHICLE PROTECTION ACT — FRAMEWORK

A. Governing Statute

Indiana's lemon law is codified at Ind. Code § 24-5-13-1 through § 24-5-13-24 and is formally titled the Indiana Motor Vehicle Protection Act ("IMVPA"). The law is administered and enforced by the Indiana Attorney General's Consumer Protection Division.

B. Covered "Motor Vehicle" — IC 24-5-13-5

Under the statutory definition (IC 24-5-13-5), a covered "motor vehicle" is any self-propelled vehicle that:

• Has a declared gross vehicle weight of less than 10,000 pounds;
• Is sold to a buyer in Indiana and registered in Indiana (or to a nonresident buyer in Indiana);
• Is intended primarily for use and operation on public highways; and
• Is required to be registered or licensed before use or operation.

The Act is not limited to "new" vehicles — a used vehicle may qualify if the nonconformity is reported within the term of protection (see Section C).

Expressly excluded from the definition (IC 24-5-13-5):

• Conversion vans and motor homes
• Farm tractors and other machines used in the production, harvesting, and care of farm products
• Road building equipment, truck tractors, and road tractors
• Motorcycles, motor driven cycles, and snowmobiles
• Vehicles designed primarily for off-road use

Vehicle GVW Confirmation:
The [YEAR] [MAKE] [MODEL] has a declared GVW of [________________________________] lbs, which ☐ falls within ☐ exceeds the 10,000-lb statutory limit.

C. Term of Protection — IC 24-5-13-7

Indiana's "term of protection" (IC 24-5-13-7) begins on the date of original delivery of the vehicle to the buyer (or, for a replacement vehicle, the date the replacement is delivered) and ends the earlier of:

• 18 months after that date; OR
• the time the vehicle has been driven 18,000 miles after that date.

A nonconformity reported within the term of protection must be corrected even if repairs occur after the term expires (IC 24-5-13-8).

Coverage period analysis:

• Date of original delivery: [__/__/____]
• 18-month deadline: [__/__/____]
• Mileage at expiration of 18-month period: [________________________________]
• Defect first reported to dealer: [__/__/____] at [________________________________] miles
• ☐ First report was within the coverage period

D. Reasonable Number of Repair Attempts — IC 24-5-13-15

Under IC 24-5-13-15(a), a reasonable number of attempts to correct a nonconformity is considered to have been undertaken if EITHER of the following is met while the nonconformity continues to exist:

Threshold 1 — Same Defect, Four Repair Attempts:
The nonconformity has been subject to repair at least four (4) times by the manufacturer, its agents, or authorized dealers, but the nonconformity continues to exist. Ind. Code § 24-5-13-15(a)(1).

Threshold 2 — Out-of-Service Days:
The vehicle has been out of service by reason of repair of any nonconformity for a cumulative total of at least thirty (30) business days (need not be consecutive), and the nonconformity continues to exist. Ind. Code § 24-5-13-15(a)(2).

Indiana Practice Note — no reduced "safety-defect" trigger: Indiana's statute provides only these two thresholds. Unlike some states, the Indiana Motor Vehicle Protection Act does not contain a reduced repair-attempt threshold (e.g., one attempt) for defects likely to cause death or serious injury. Safety defects still qualify, but under the same 4-repair / 30-day standard.

Business days — Saturdays count: IC 24-5-13-2 defines "business day" as any day other than Sunday or a legal holiday. Saturdays therefore DO count toward the 30-day out-of-service total; only Sundays and Indiana legal holidays are excluded. The 30-day period is extended only when repair services are unavailable as a direct result of a strike, civil unrest, fire, natural disaster, terrorist attack, act of God, or act of war; the manufacturer bears the direct-causation burden (IC 24-5-13-15(b)-(c)). It is an affirmative defense that the defect does not substantially impair use, value, or safety, or resulted from abuse, neglect, or unauthorized modification (IC 24-5-13-18).

E. Written Notice to Manufacturer — IC 24-5-13-9

Under IC 24-5-13-9, the buyer must first notify the manufacturer of a claim only if the manufacturer has clearly and conspicuously disclosed in the warranty or owner's manual that written notice is required (and has identified the name and address to which notice must be sent). If the manufacturer has not made that disclosure, no pre-suit notice to the manufacturer is required.

THIS LETTER PROVIDES THAT WRITTEN NOTIFICATION to the extent it is required, and is sent to any lemon-law/notice address the manufacturer has designated.

Once a reasonable number of repair attempts has been made (IC 24-5-13-15) and the nonconformity is not corrected, the manufacturer must accept return of the vehicle and, at Consumer's option, refund or replace it within thirty (30) days (IC 24-5-13-10). Indiana's statute does not prescribe a separate fixed "cure period" for this demand letter.

F. Informal Dispute Settlement Procedure — IC 24-5-13-19

Indiana does not operate a state-run lemon-law arbitration program. Instead, under IC 24-5-13-19, the Act does not apply to a buyer who has not first resorted to an informal dispute settlement procedure established by the manufacturer (or in which the manufacturer participates) — but only if:

1. the manufacturer's procedure is certified by the Attorney General as complying with 16 C.F.R. Part 703 (and any other AG certification rules); and
2. the buyer has received adequate written notice from the manufacturer of the existence of the procedure (including incorporation of the procedure into the written warranty).

If the manufacturer has no such AG-certified procedure, or has not given the required notice, the buyer may proceed directly to a civil action (IC 24-5-13-19, -21). A qualifying informal procedure under 16 C.F.R. Part 703 is non-binding on the consumer, who may still file suit. The two-year statute of limitations (IC 24-5-13-23(a), measured from the date the nonconformity was first reported) is tolled while a Section 19 informal dispute settlement procedure is being conducted (IC 24-5-13-23(b)).

Manufacturer's program status:
☐ [MANUFACTURER] maintains an AG-certified informal dispute settlement procedure and gave the required written notice. Consumer will resort to that procedure before filing suit, but reserves all rights.
☐ [MANUFACTURER] does not maintain an AG-certified procedure (or did not give required notice) in Indiana. Consumer may proceed directly to civil action.

Attorney General — Consumer Protection Division: 302 W. Washington St., 5th Floor, Indianapolis, IN 46204 · 800-382-5516 · www.IndianaConsumer.com. Note: the Lemon Law does not authorize the Attorney General to represent consumers seeking a refund or replacement.

II. VEHICLE AND TRANSACTION INFORMATION

III. WARRANTY INFORMATION

The nonconformities described in this letter were first reported within the 18-month/18,000-mile term of protection under IC 24-5-13-7. Warranty coverage is separately documented above.

IV. DESCRIPTION OF NONCONFORMITY

A. Primary Defect

Under IC 24-5-13-6, a nonconformity may substantially impair the vehicle's use, market value, or safety, or render it nonconforming to an applicable manufacturer's warranty. This demand alleges substantial impairment to defeat the affirmative defense stated in IC 24-5-13-18:

Description of Defect:
[________________________________]
[________________________________]

• First Noticed: [__/__/____] at [________________________________] miles
• Symptoms: [________________________________]
• Safety Concern: ☐ Yes — [________________________________] ☐ No
• Likely to Cause Death or Serious Bodily Injury: ☐ Yes ☐ No
• Use Impairment: [________________________________]
• Value Impairment: [________________________________]

B. Additional Defect(s) (if applicable)

Defect 2:
[________________________________]

• First noticed: [__/__/____] | Symptoms: [________________________________]

Defect 3:
[________________________________]

• First noticed: [__/__/____] | Symptoms: [________________________________]

V. REPAIR HISTORY

Repair Attempt #1

Repair Attempt #2

Repair Attempt #3

Repair Attempt #4

[Add additional repair attempt tables as needed]

Summary

VI. LEMON LAW QUALIFICATION

Our Client's vehicle qualifies as a lemon under Indiana law on the following basis:

☐ IC 24-5-13-15(a)(1) — Four Repair Attempts for Same Defect
The [________________________________] nonconformity has been subject to [____] repair attempts without successful cure, meeting or exceeding the 4-attempt statutory threshold.

☐ IC 24-5-13-15(a)(2) — 30 Business Days Out of Service
The vehicle has been out of service for a combined total of [____] business days, meeting or exceeding the 30-business-day statutory threshold.

The nonconformity was first reported within the 18-month/18,000-mile term of protection under IC 24-5-13-7. Repairs necessary to correct a timely reported nonconformity may occur after that term expires under IC 24-5-13-8.

VII. DEMAND FOR RELIEF

Pursuant to Ind. Code §§ 24-5-13-10, -11, -11.5, -12, and -13, Consumer demands (at Consumer's option under § 24-5-13-10):

A. Primary Relief — Choose One

☐ OPTION 1: REFUND / REPURCHASE (IC 24-5-13-10; select the purchase or lease computation below)

Purchased Vehicle — IC 24-5-13-11

Manufacturer must refund the following amounts:

Indiana Reasonable Allowance for Use (IC 24-5-13-11(b)):
The statutory "reasonable allowance for use" is:

Total Contract Price × (Miles Traveled Before Manufacturer's Acceptance of Return ÷ 100,000)

• Miles traveled before manufacturer's acceptance of return: [________________________________]
• Total contract price: $[________________________________]
• Use allowance: $[____] × ([____] ÷ 100,000) = $[________________________________]

Indiana-Specific Note: The numerator is the number of miles the vehicle traveled before the manufacturer accepts its return (IC 24-5-13-11(b)(2)) — not the mileage at the first repair attempt. The 100,000-mile divisor is fixed by statute. If Consumer retains use of the vehicle pending refund (as permitted by IC 24-5-13-14), that continued use is reflected in this allowance.

The refund must be made to Consumer and any lienholder as their interests appear (IC 24-5-13-11(d)). Identify the lienholder and its recorded interest: [________________________________].

Leased Vehicle — IC 24-5-13-11.5

For a leased Vehicle, do not use the purchased-vehicle table or use formula above. The statutory allocation is:

The leased-vehicle use allowance is:

Total Lease Obligation at Inception × (Miles Traveled Before Lessor's Acceptance of Return ÷ 100,000)

• Total lease obligation at inception: $[________________________________]
• Miles before lessor's acceptance of return: [________________________________]
• Leased-vehicle use allowance: $[____] × ([____] ÷ 100,000) = $[________________________________]

☐ OPTION 2: REPLACEMENT (IC 24-5-13-10; IC 24-5-13-12)

Manufacturer must provide a replacement motor vehicle of comparable value and reimburse any registration-transfer fees and sales tax incurred as a result of replacement (IC 24-5-13-10, -12(a)). Any replacement financing by Manufacturer, its subsidiary, or agent may not be on terms less favorable than the original agreement (IC 24-5-13-12(b)).

B. Additional Relief

1. Attorney's Fees and Costs: Under IC 24-5-13-22, a buyer who prevails in an action under the Act is entitled to recover, as part of the judgment, the aggregate costs and expenses — including attorney's fees based on the actual time reasonably expended by the attorney.

2. Magnuson-Moss Warranty Act: Consumer asserts concurrent claims under 15 U.S.C. § 2301 et seq., which independently provides for attorney's fees to the prevailing consumer.

3. Towing and Rental Costs (IC 24-5-13-13): Reimbursement for necessary towing and rental costs actually incurred as a direct result of the nonconformity:

VIII. OPPORTUNITY TO RESOLVE

A reasonable number of repair attempts has already been made under IC 24-5-13-15. Consumer nonetheless extends Manufacturer a final opportunity to resolve this matter without litigation. Indiana's Motor Vehicle Protection Act does not prescribe a separate fixed cure period for this demand; IC 24-5-13-10 requires Manufacturer to accept return and, at Consumer's option, provide the refund or replacement within thirty (30) days.

If Manufacturer wishes to attempt any further repair before Consumer pursues its remedies, contact the undersigned within five (5) business days of receipt of this letter. Absent a satisfactory refund or replacement offer, Consumer will resort to any AG-certified informal dispute settlement procedure (if IC 24-5-13-19 applies) and/or file a civil action under IC 24-5-13-21.

IX. DOCUMENT PRESERVATION NOTICE

You are hereby directed to preserve all documents, records, and data relating to this vehicle and similar defects, including:

• All repair orders, warranty claims, and dealer communications concerning this vehicle
• All technical service bulletins (TSBs) and engineering analyses related to the reported defect
• All customer complaint records and warranty databases for similar defects in the same vehicle model/year
• All internal communications regarding Consumer's vehicle or this class of defect
• All communications between the selling dealer and the manufacturer
• The vehicle itself — do not sell, destroy, alter, or remanufacture until this matter is resolved

Intentional destruction of relevant evidence may support an unfavorable-evidence inference, and discovery violations may support sanctions. Indiana does not recognize an independent first-party spoliation tort. Gribben v. Wal-Mart Stores, Inc., 824 N.E.2d 349, 351-55 (Ind. 2005).

X. RESPONSE DEADLINE

Please respond in writing within fourteen (14) days of the date of this letter with:

1. Manufacturer's position on whether the vehicle qualifies under IC 24-5-13-15
2. Manufacturer's offer for repurchase, replacement, or scheduling of final repair
3. Identification of whether Manufacturer maintains an AG-certified informal dispute settlement procedure (IC 24-5-13-19)
4. Contact information for Manufacturer's designated lemon-law representative

If a satisfactory response is not received, Consumer will:

☐ Resort to Manufacturer's AG-certified informal dispute settlement procedure, if any (IC 24-5-13-19)
☐ File suit in the appropriate Indiana Circuit or Superior Court (IC 24-5-13-21)
☐ File a complaint with the Indiana Attorney General — Consumer Protection Division at 800-382-5516
☐ Pursue all available remedies under Magnuson-Moss and Indiana law

XI. CONCLUSION

Consumer has provided Manufacturer with [____] documented repair opportunities spanning [____] business days out of service. The vehicle remains defective and substantially impairs Consumer's use, safety, and market value. Under Indiana law, Consumer is entitled to a full refund or replacement vehicle.

This letter is written without prejudice to any and all rights and remedies available to Consumer under Indiana law and federal law, all of which are expressly reserved.

Respectfully submitted,

[LAW FIRM NAME]

By: _______________________________________________
[ATTORNEY NAME]
Indiana Attorney No. [____________________]
[FIRM ADDRESS]
[CITY, INDIANA ZIP]
Phone: [________________________________]
Email: [________________________________]

Attorneys for [CONSUMER FULL NAME]

ENCLOSURES:
☐ All repair orders (chronological order)
☐ Purchase or lease agreement
☐ Manufacturer's warranty booklet / warranty registration
☐ Vehicle registration and title
☐ Photographs and/or videos documenting the defect
☐ Prior correspondence with Manufacturer or dealer
☐ Expense receipts (rental car, towing, etc.)
☐ Authorization to represent Consumer

cc: [CONSUMER NAME]
[LIENHOLDER / LEASE COMPANY, if applicable]
Indiana Attorney General — Consumer Protection Division, 302 W. Washington St., 5th Floor, Indianapolis, IN 46204

INDIANA MOTOR VEHICLE PROTECTION ACT — QUICK REFERENCE

INDIANA-SPECIFIC PRACTICE NOTES

☐ No state-run arbitration program: Indiana does not operate a state lemon-law arbitration program. IC 24-5-13-19 makes resort to the manufacturer's informal dispute settlement procedure a prerequisite to suit only if that procedure is certified by the Attorney General as complying with 16 C.F.R. Part 703 and the manufacturer gave the buyer adequate written notice of it. If either condition is missing, the buyer may sue directly. (Certified programs are frequently BBB Auto Line, but that is the manufacturer's election, not a state program.)

☐ Business days — Saturdays count: IC 24-5-13-2 defines "business day" as any day other than Sunday or a legal holiday. Saturdays therefore count toward the 30-day out-of-service total; only Sundays and Indiana legal holidays are excluded. Recount carefully from repair orders.

☐ No reduced safety-defect threshold: Indiana's statute (IC 24-5-13-15) provides only the 4-repair and 30-business-day thresholds. There is no one-attempt trigger for defects likely to cause death or serious injury. Safety defects qualify under the same standard; do not assert a one-attempt safety threshold.

☐ 18-Month / 18,000-Mile Term of Protection: Measured from the date of original delivery to the first buyer (IC 24-5-13-7). If the vehicle was used as a demonstrator, the odometer and date may affect the term. Coverage is not limited to "new" vehicles — a used vehicle reported within the term may qualify.

☐ Use Allowance — miles at return, not first repair: IC 24-5-13-11(b) uses the miles the vehicle traveled before the manufacturer's acceptance of its return as the numerator over a fixed 100,000 divisor. Do not compute the allowance from mileage at the first repair attempt.

☐ Two-Year Statute of Limitations: IC 24-5-13-23(a) runs the SOL from the date the nonconformity was first reported to the manufacturer, agent, or dealer — not from the purchase date — and it is tolled during a Section 19 informal dispute settlement procedure (IC 24-5-13-23(b)).

☐ AG Complaint: Filing a complaint with the Indiana Attorney General — Consumer Protection Division adds regulatory pressure and creates a government record of the dispute.

SOURCES AND REFERENCES

• Indiana Motor Vehicle Protection Act (official code): Ind. Code §§ 24-5-13-1 through 24-5-13-24
  — https://iga.in.gov/laws/2026/ic/titles/24 (Title 24, Article 5, Chapter 13)

• Indiana Attorney General — official Lemon Law consumer summary (.gov):
  — https://www.in.gov/attorneygeneral/consumer-protection-division/files/Lemon_Law.pdf

• Indiana Attorney General — Consumer Protection Division (800-382-5516 · IndianaConsumer.com):
  — https://www.in.gov/attorneygeneral/consumer-protection-division/

• BBB Auto Line Standards of the Indiana Lemon Law (locating aid):
  — https://assets.bbbprograms.org/docs/default-source/auto-line/lemon-law-summaries/in-ll-summary.pdf

• Magnuson-Moss Warranty Act: 15 U.S.C. §§ 2301–2312

This template is for informational purposes only and does not constitute legal advice. Lemon law statutes are subject to change; verify current requirements with a licensed Indiana attorney before use.