Qualifying Defects: What Counts as a Lemon in Indiana

Indiana’s Lemon Law (§ 24-5-13-5) covers any “nonconformity” — a defect or condition that substantially impairs the use, market value, or safety of the vehicle and is not the result of consumer abuse.

The “substantially impair” test

Under § 24-5-13-5, a “nonconformity” must:

1. Substantially impair the use, market value, or safety of the vehicle.
2. Persist after a reasonable number of repair attempts (4 attempts or 30 business days OOS).
3. Be covered under the express manufacturer warranty at the time of the first report.
4. Not be caused by consumer abuse, alteration, or unauthorized modification.

The seven defect categories most often qualifying

1. Transmission — Hard shifts, slipping, fluid leaks, total failure.
2. Engine — Stalling, misfires, excessive oil consumption, knocking, failure.
3. Brakes — Pulsation, dragging, ABS failure, soft pedal, premature wear.
4. Electrical — Battery drain, electrical-system warning lights, module failures.
5. Steering & suspension — Pulling, drift, EPS failure, shock failure, alignment failure.
6. Infotainment — Head unit lockup, Bluetooth/CarPlay failure, backup camera failure.
7. EV-specific — Battery degradation, charging failures, regen brake failures.

What does NOT typically qualify

• Cosmetic — paint, trim, leather (unless safety-related).
• Tires, batteries, wear items — not covered under express warranty.
• Modifications by consumer or unauthorized installers.
• Damage from accidents or environmental (hail, flood, tornado).
• Issues outside the 18-month / 18,000-mile Rights Period that aren’t documented in the Period.

Indiana climate / geography factors

• Cold winters with heavy lake-effect snow in northern Indiana — battery, ignition, electrical-connector stress.
• Aggressive road salt — corrosion, brake-line failure, electrical-connector corrosion.
• Tornado season — distinguish defect from hail / wind damage.
• Flat terrain — generally easier on transmission/brakes than mountain states.
• Long highway driving on I-65, I-69, I-70, I-74, I-80/90 — sustained high-load running stress.

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