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.

THIS LETTER CONSTITUTES THE REQUIRED STATUTORY WRITTEN NOTICE to the manufacturer under IC 24-5-13-10, triggering your obligation to cure the nonconformity or respond with a repurchase or replacement offer.

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 Vehicles Under IC 24-5-13-5

Indiana's Motor Vehicle Protection Act covers:

• New motor vehicles registered in Indiana
• Self-propelled vehicles designed primarily for transportation on public highways
• Vehicles up to 10,000 pounds Gross Vehicle Weight Rating (GVWR)

Expressly excluded from Indiana lemon law coverage (IC 24-5-13-5):

• Conversion vans and motor homes
• Farm tractors and off-road vehicles
• Mopeds, motorcycles, and snowmobiles
• Any vehicle exceeding 10,000 lbs GVWR

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

C. Coverage Period — IC 24-5-13-8

Indiana's lemon law protection applies during:

• The term of the manufacturer's express warranty; OR
• 18 months or 18,000 miles from the date of original delivery to the consumer

— whichever period expires first.

Coverage period analysis:

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

D. Indiana Lemon Law Presumption — IC 24-5-13-11

Under IC 24-5-13-11, a rebuttable presumption arises that a reasonable number of repair attempts has been made when ANY ONE of the following thresholds is met during the coverage period:

Threshold 1 — Same Defect, Four Repair Attempts:
The same nonconformity has been subject to repair four (4) or more times without being cured. Ind. Code § 24-5-13-11(b)(1).

Threshold 2 — Safety-Related Defect, One Serious Attempt:
A nonconformity that is likely to cause death or serious bodily injury has been subject to at least one (1) repair attempt and continues to exist. Ind. Code § 24-5-13-11(b)(3).

Threshold 3 — Out-of-Service Days:
The vehicle has been out of service by reason of repair for 30 or more business days (need not be consecutive) during the coverage period. Ind. Code § 24-5-13-11(b)(2).

Indiana Practice Note: Indiana counts "business days" (not calendar days) for the out-of-service calculation. Weekends and Indiana state holidays do not count toward the 30-day threshold. Verify the calendar carefully.

E. Manufacturer's Statutory Notice Requirement — IC 24-5-13-10

Indiana requires the consumer to send written notification by certified mail to the manufacturer before pursuing legal remedies. The manufacturer then has a reasonable opportunity to cure the nonconformity — generally interpreted as 10 business days from receipt of notice.

THIS LETTER CONSTITUTES THAT REQUIRED WRITTEN NOTIFICATION.

The manufacturer must either (a) repair the vehicle, or (b) make an offer of repurchase or replacement within the cure period. Failure to do so entitles the consumer to proceed with Indiana's dispute resolution program and/or litigation.

F. Indiana Dispute Resolution — MVPP Arbitration (IC 24-5-13-15)

Indiana operates the Motor Vehicle Protection Program (MVPP) through the Indiana Attorney General's office — distinct from the BBB Auto Line that many other states use. Under IC 24-5-13-15:

• If the manufacturer participates in an informal dispute settlement procedure certified by the Indiana Attorney General, the consumer must submit the dispute to that program before filing a civil lawsuit.
• The MVPP/arbitration program is free to the consumer.
• The consumer is not bound by the arbitration decision and may still file a civil lawsuit if unsatisfied.
• The two-year civil suit statute of limitations (measured from the date the defect was first reported to the dealer) is tolled during the arbitration proceeding.

Manufacturer's arbitration program status:
☐ [MANUFACTURER] participates in an AG-certified informal dispute settlement procedure. Consumer will comply with the MVPP arbitration requirement before filing suit, but reserves all rights.
☐ [MANUFACTURER] does not participate in an AG-certified program in Indiana. Consumer may proceed directly to civil action.

To initiate MVPP arbitration: Contact the Indiana Attorney General's Consumer Protection Division at (317) 232-6330 or www.in.gov/attorneygeneral/consumer-protection-division/.

II. VEHICLE AND TRANSACTION INFORMATION

III. WARRANTY INFORMATION

All defects described in this letter arose and were first reported during the applicable warranty period and/or within the 18-month/18,000-mile coverage period under IC 24-5-13-8.

IV. DESCRIPTION OF NONCONFORMITY

A. Primary Defect

Under IC 24-5-13-6, a nonconformity must substantially impair the vehicle's use, market value, or safety:

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 24-5-13-11(b)(1) — Four Repair Attempts for Same Defect
The [________________________________] defect has been subject to [____] repair attempts without successful cure, meeting or exceeding the 4-attempt statutory threshold.

☐ IC 24-5-13-11(b)(3) — Safety Defect With At Least One Attempt
The [________________________________] defect is likely to cause death or serious bodily injury and has been subject to at least one (1) repair attempt without cure.

☐ IC 24-5-13-11(b)(2) — 30 Business Days Out of Service
The vehicle has been out of service for a combined total of [____] business days, exceeding the 30-business-day statutory threshold.

All qualifying events occurred within the 18-month / 18,000-mile coverage period under IC 24-5-13-8.

VII. DEMAND FOR RELIEF

Pursuant to Ind. Code § 24-5-13-8, Consumer demands:

A. Primary Relief — Choose One

☐ OPTION 1: REFUND / REPURCHASE (IC 24-5-13-8(a)(1))

Manufacturer must refund the following amounts:

Indiana Use Deduction Formula (IC 24-5-13-12):
The "reasonable allowance for use" is calculated as:

(Mileage at First Repair Attempt ÷ 100,000) × Purchase Price

• Mileage at first repair attempt: [________________________________]
• Purchase price: $[________________________________]
• Use deduction: ([____] ÷ 100,000) × $[____] = $[________________________________]

Indiana-Specific Note: This formula is unique to Indiana. Unlike some states that use a straight per-mile deduction, Indiana uses the 100,000-mile divisor tied to purchase price, which generally results in a lower deduction and a larger net refund to the consumer.

In addition, Manufacturer must pay off any outstanding loan or lease balance directly to the lienholder: $[________________________________] to [________________________________].

☐ OPTION 2: REPLACEMENT (IC 24-5-13-8(a)(2))

Manufacturer must provide a comparable new motor vehicle of the same or similar make, model, and trim level, at no additional cost to Consumer, with all collateral charges covered. Consumer shall be responsible only for any reasonable use offset calculated using the IC 24-5-13-12 formula.

B. Additional Relief

1. Attorney's Fees and Costs: Under IC 24-5-13-17, Consumer is entitled to recover reasonable attorney's fees and all litigation costs from the manufacturer.

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. Incidental Damages: All out-of-pocket losses caused by the nonconformity, including but not limited to:

VIII. FINAL CURE OPPORTUNITY

This letter provides Manufacturer with the final cure opportunity required under IC 24-5-13-10. Manufacturer has a reasonable time — generally not exceeding 10 business days from receipt of this notice — to repair the nonconformity.

To schedule the final repair attempt, contact the undersigned within five (5) business days of receipt of this letter. If the defect is not cured within the cure period, Consumer will proceed with MVPP arbitration (if required) or direct civil action.

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

Failure to preserve this evidence may result in spoliation sanctions, adverse inference instructions, and independent claims under Indiana law.

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 24-5-13-11
2. Manufacturer's offer for repurchase, replacement, or scheduling of final repair
3. Identification of whether Manufacturer participates in an AG-certified dispute procedure
4. Contact information for Manufacturer's designated MVPP/lemon law representative

If a satisfactory response is not received, Consumer will:

☐ Submit the dispute to MVPP arbitration through the Indiana AG's office
☐ File suit in the appropriate Indiana Circuit or Superior Court
☐ File a complaint with the Indiana Attorney General — Consumer Protection Division at (317) 232-6330
☐ 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., IGCS 5th Floor, Indianapolis, IN 46204

INDIANA MOTOR VEHICLE PROTECTION ACT — QUICK REFERENCE

INDIANA-SPECIFIC PRACTICE NOTES

☐ MVPP vs. BBB Auto Line: Indiana's arbitration program is the state-run Motor Vehicle Protection Program (MVPP), administered by the Indiana Attorney General, not the BBB Auto Line used in some other states. Verify which program the manufacturer has certified with Indiana's AG.

☐ Business Days Only: Indiana's 30-day out-of-service threshold counts business days, not calendar days. Saturdays, Sundays, and Indiana state holidays do not count. Recount carefully from repair orders.

☐ Safety Defect — One Attempt Sufficient: Unlike the standard 4-attempt rule, a nonconformity "likely to cause death or serious bodily injury" triggers the lemon law after just one repair attempt. Identify and emphasize safety defects in the demand.

☐ 18-Month / 18,000-Mile Period: Indiana's coverage period is measured from the date of original delivery to the first consumer. If the vehicle was used as a demonstrator, the odometer and date may affect the coverage period.

☐ Use Deduction Is Favorable to Consumers: Indiana's formula (miles-at-first-repair ÷ 100,000 × price) typically yields a smaller deduction than states using a per-mile method, because it caps the denominator at 100,000 miles regardless of actual vehicle life expectancy.

☐ Two-Year Statute of Limitations: Indiana's SOL runs from the date the defect was first reported to the dealer, not from the purchase date. This is significant — it may extend the filing window in cases where defects appeared late in the coverage period.

☐ 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: Ind. Code §§ 24-5-13-1 through 24-5-13-24
  — https://www.in.gov/attorneygeneral/consumer-protection-division/files/Lemon_Law.pdf

• Indiana Lemon Law (IC 24-5-13) full text:
  — https://www.carlemon.com/indiana-lemon-law.html

• Indiana MVPP/BBB Auto Line Standards Summary:
  — https://assets.bbbprograms.org/docs/default-source/auto-line/lemon-law-summaries/in-ll-summary.pdf

• Indiana Attorney General — Consumer Protection Division:
  — https://www.in.gov/attorneygeneral/consumer-protection-division/

• Indiana Lemon Law Overview (Center for Auto Safety):
  — https://www.autosafety.org/lemon-laws/indiana/

• 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.