Indiana Lemon Law

ponedjeljak, 27. kolovoza 2007.

Lemon Law Information

Think your Car is a Lemon? Your State may agree, but maybe not to your liking. See how your State defines what a Lemon is and if your Car and its Repair History qualify.

Nearly all State Lemon Law Statutes are similar to the Federal Magnuson-Moss Warranty Act which makes breach of warranty a violation of federal law. All States have enacted their own Warranty Acts and many States have enacted specific Statutes that pertain to Automobile Warranties. If your car is not considered a "lemon" in your State, you do have other recourses.

What is a Lemon?
A vehicle that continues to have a defect that substantially impairs its use, value, or safety. Generally, if the car has been repaired 4 or more times for the same Defect within the Warranty Period and the Defect has not been fixed, the car qualifies as a Lemon. All States differ so you should consult the Lemon Law Summary and the State Statutes for your particular State. Note that the warranty period may or may not coincide with the Manufacturer's Warranty.

Do I have a Lemon?
If the paint is peeling, the light switch came out when you pulled on it, the car makes "funny noises" but otherwise drives just fine, or you found 10 things you don't like about your new car but none of them prevent you from driving it, then No, you do not have a Lemon. If the brakes don't work, the car won't go into reverse gear, the darn thing won't start on cold mornings or hot afternoons, the rear door opens all by itself, the driver's seat wobbles, or the car chugs along at 30 mph when it should be going 50 mph, then Yes, you may have a Lemon. Providing you've given the manufacturer an opportunity to repair the defect. In most States, 10 different defects during the Warranty Period does not brand the car as a Lemon. In some States, a single defect that might cause Serious Injury makes your car a Lemon if the manufacturer cannot fix the problem within 1 attempt. You may have a Lemon, but if you do nothing to protect your Consumer Rights, such as documenting your Repairs and allowing the Manufacturer a chance to fix the problem(s), you lose all rights under the various State Warranty Acts.
Do I need a Lawyer?
The answer depends upon which State you Purchased or Registered your car in. In some States and with proper documentation, you simply file a Complaint. In other States, you will need to hire an Attorney.

Who pays the Lawyer?
Only about half of the States allow you to recover Attorney Fees. If your Attorney sues under the Magnuson-Moss Warranty Act, you will be awarded Attorney Fees if you win. Note that an Attorney's Fee is based upon actual time expended rather than being tied to any percentage of the recovery. In some States, you must pay the manufacturer's Attorney Fees if you lose.

Tips to Protect your Investment

Often times, your new car isn't suspected of being a Lemon until it is too late (out of warranty, over the mileage limit, etc). If you keep a record of every repair visit, starting with the first one, you will protect your rights under Consumer Laws. Our Repair Log makes it easy to record every Repair Attempt
Document everything! This includes notes, who you talk to, what is said, dates and times. Put your complaints in writing and keep a copy for yourself. Be sure to obtain a copy of any Warranty Repair Orders. Demand a copy if necessary and if the dealer will not give you one, be sure to document the fact. When you pick up your car, obtain an Invoice. The dealer may claim that you are not entitled to an Invoice because there were no charges (you were not invoiced for any repairs). It is up to you to prove repair attempts! The final Invoice shows what was or was not repaired.
Make absolutely sure the dealer records your complaint on the Repair Order exactly as you describe it. You must make sure to describe the defect exactly the same on each repair visit or you may forfeit your rights under the "reasonable attempts to repair for the same defect" clause.
Be sure that the date, time in, and odometer reading are recorded as well as the date and time you picked up the car. In most States you are covered by the Lemon Law if the vehicle has been in the repair shop for an accumulative number of days during the coverage period
If your car fails in the middle of the desert or in the middle lane of rush hour freeway traffic, record the date and time, the amount of time you had to wait for assistance, whether or not you had to rent a car, and your general overall feelings. The emotional trauma dealing with a defective vehicle has a lot of bearing on your case should you need to go to arbitration or court

VEHICLES COVERED BY THE LEMON LAW

Did you buy or lease for personal use:

A car or light truck?
Within the last 18 months?
With less than 18,000 miles?
From an Indiana dealer?

If you answered yes to these questions, your vehicle may be covered by the Lemon Law

RESOURCES

For more information, call the Attorney General’s Lemon Law Program at (800) 382-5516. The Consumer Protection Division of the Indiana Attorney General’s Office works to safeguard the rights of Indiana citizens every day. If you have questions or complaints regarding Indiana Lemon Law, or other appropriate consumer issues, contact the Attorney General’s Consumer Protection Division using the address and phone number listed at the bottom of the front page, or visit www.IndianaConsumer.com for more information.

Free Lemon Law Advice

TOLL FREE 1.888.4.LEMONS

(1-888-453-6667)

Manufacturer Recall-Bulletin

Technical Service Bulletins
The Technical Service Bulletins Search Engine will allow searches of summaries of the Manufacturers' Technical Service Bulletins by single year, make and model. (The data does not contain all the service bulletins generated by a manufacturer. Bulletins for safety recalls in general are not included, and also bulletins which may not pertain to a defect may not be included.)
Search Technical Bulletins

Recall Searches by make, model, year
The Recalls Search Engine enables you to search the database for recall campaigns concerning motor vehicles, child safety devices, tires, and related equipment.
Search For Recalls

Work Requested / Work Performed

--->
Vehicle Repair Log
A Repair Log is an invaluable aid that shows how well your Automobile, Truck, or Motorhome has been taken care of. Besides showing proof of repairs, it adds value to your vehicle, should you decide to sell it, because it documents the vehicle's regularly scheduled maintenance.
If you happen to have a Lemon, the Repair Log will show the Dates, Mileage, and Complaints for every visit you've made to the Dealer to have your vehicle repaired. If the Dealer was unable to fix a problem, the Repair Log will show this in an easily readable format. Should you need to go to Arbitration or sue in a Court of Law, the Repair Log shows how meticulously you've cared for your vehicle. A Manufacturer, Arbitrator, Lawyer, or Judge can quickly view your Repair Logs as opposed to taking hours or days to pour over your Notes, Work Orders, and other paper work you may have.
The Repair Log is a Summary of your Vehicle's Repairs and Maintenance. Besides protecting you in Lemon Law arbitration, it allows you to quickly see the last time your vehicle had an oil change, brake job, or any other regularly scheduled maintenance procedure.
The Car Lemon Vehicle Repair Log is available in PDF format (Click the link to View the Log file, Right Click the link to save the Log file to your computer).
The Repair Log is an Interactive Form. You may either print several copies of the Log and then hand write the information, or use the form interactively by placing the cursor over a form field and typing in the information.
Instructions
Enter the Vehicle Information that the Log applies to. Example: Pontiac Firebird, Chevy Blazer, Ford Explorer.
Enter the Date the Vehicle was purchased.
Enter the Odometer Reading from the Date you took possession of the vehicle.
For each Repair attempt, Enter
The Date and Mileage when you took the vehicle in for repair.
The Date and Mileage when you picked the vehicle up. Note, the Date should be the date the repairs were completed, not necessarily the date when you picked the vehicle up. The Mileage should be the actual mileage on the odometer, not necessarily what is printed on the Invoice.
The Name of the Dealer or Repair Shop where you took the vehicle to. For Warranty Repairs, you must take the vehicle to an Authorized Repair facility.
The Repair Order Number. This will be printed on the Repair Order/Work Order and you should not leave the Repair Facility without this.
A Description of the Problem / Work Requested. This can be as simple as "Oil Change", but if you have a major problem with the vehicle, describe the Problem in detail. It is especially important that for repeat problem(s), the problem be described identically on each visit to the Repair Center. This is to protect your rights under the Lemon Laws. The Problem Description must appear on the Repair Order. Do not sign a Repair Order or leave your vehicle at the Repair Shop unless the specific problem has been written or printed on the Repair Order. Do not attempt to diagnose the problem.
A Description of the Work Performed. When you pick the vehicle up, you should be given an Invoice that details the work that was actually performed. Write the actual work that was done in your log. If the Repair Shop refuses to give you an Invoice, either because the vehicle is under warranty, the work performed was for a previous warranty job, or for whatever excuse that might be given, make a note of this.
The Price you Paid for Repairs. If you had any incidental charges such as Towing, Lodging, or any other out of pocket expenses, enter "See Attached" and attach a copy of the Invoices or Sales Receipts to the Log (Number the Log Entry and the Receipts so that you can easily refer to them).
Work Requested / Work Performed
It is very important that for repeat problems you Describe the Problem the same each time you take the vehicle in for repair. Make sure that what you say is what is written on the Repair Order. The problem you describe and the problem the service writer enters on the Repair Order may be two different things. If you hear a "clunking noise in the left rear only when driving above 50 mph", make sure THAT is what is written on the Repair Order. The service writer may write "Check clunking noise in left rear" and the mechanic may only test drive the vehicle at slower speeds and not be able to duplicate the problem. To protect your rights under the Lemon Laws, you must describe an unfixed defect the same, each time you take the vehicle in for repair, and you must make sure that your complaint is written on the Repair Order. For Warranty repairs, you must take the vehicle to an Authorized Repair facility.
When you pick your vehicle up, make sure you receive an Invoice for Work Performed. The Dealer may tell you that there is no Invoice because you were not charged for any repairs. It is your right to know what work was performed and the Invoice is the document that details this information.
Was the problem fixed? Was the problem unresolved - meaning the Repair Shop could not duplicate it or find the cause of it? What was fixed (or not fixed) based upon your initial reason for taking the vehicle into the shop in the first place?
For Lemon Law cases, it is important to note whether the Dealer fixed the problem or could not fix the problem. The Repair Shop may say that the problem was fixed, but you drive away and the problem appears again (or it appears again in a few days). In this case, this is a new Repair Attempt for the Same Defect. Take the vehicle back and create a new Log Entry.