Indiana's Repair-Attempt Presumption (4 Attempts / 30 Business Days OOS)
How Ind. Code § 24-5-13-15 establishes 'reasonable number of attempts' — 4-attempt or 30-business-day OOS thresholds within the 18-month / 18,000-mile Rights Period.
Under Indiana Lemon Law (§ 24-5-13-15), the manufacturer has had a “reasonable number of attempts” to repair when statutory thresholds are met. Once met, the burden shifts to the manufacturer to prove the vehicle is not a lemon.
The two thresholds
Either threshold satisfies the presumption:
- Four or more repair attempts for the same nonconformity within the Rights Period; OR
- 30 or more cumulative business days out of service for any nonconformity.
Both apply within the 18-month / 18,000-mile Rights Period.
The 4-attempt rule
§ 24-5-13-15 sets a 4-attempt presumption. Each “attempt” must be:
- At a manufacturer-authorized service facility.
- Documented in a repair order.
- For the same nonconformity (consistent complaint language).
- Within the 18-month / 18,000-mile Rights Period.
The 30-business-day OOS rule
§ 24-5-13-15 provides for 30 or more cumulative business days out of service. Indiana’s business-day counting joins:
- Colorado: 30 business days.
- Massachusetts: 15 business days.
- Minnesota: 30 business days.
- North Carolina: 20 business days.
Business-day counting is more consumer-favorable than calendar-day jurisdictions (CT, GA, VA, CA, NJ, NY, TX, WA, OH, IL, PA, WI, TN at 30 calendar days).
30 business days = approximately 42 calendar days (excluding weekends).
Written notice requirement
§ 24-5-13-12 requires the consumer to give the manufacturer written notice of the defect and at least one final opportunity to repair before the Lemon Law applies. The notice should:
- Identify the nonconformity.
- Reference the prior repair attempts.
- Demand a final repair opportunity.
- Be sent via certified mail (return receipt requested).
See our how to file a claim guide for the notice template.
Indiana vs. peer-state thresholds
| State | Attempts | OOS Days |
|---|---|---|
| Indiana | 4 | 30 business |
| Tennessee | 3 | 30 calendar |
| Massachusetts | 3 | 15 business |
| Georgia | 1 (safety) / 3 | 30 |
| Virginia | 1 (safety) / 3 | 30 |
| Minnesota | 1 (safety) / 4 | 30 business |
| Connecticut | 4 | 30 calendar |
| North Carolina | 4 | 20 business |
| Colorado | 4 | 30 business |
| Wisconsin | 4 | 30 |
| California | 2 (safety) / 4 | 30 |
| Washington | 4 / 2 (safety) | 30 |
Indiana sits in the middle on attempts (4) but is consumer-favorable on OOS counting (business days). No single-attempt safety exception.
Bottom line
Indiana requires 4 attempts or 30 business days OOS within the 18-month / 18,000-mile Rights Period plus written notice of a final repair opportunity. The business-day OOS counting is consumer-favorable.
Related
Indiana Deceptive Consumer Sales Act (IDCSA) and Cure Notice
Ind. Code § 24-5-0.5 — IDCSA treble damages or $500 minimum under § 24-5-0.5-4(a), mandatory § 24-5-0.5-4(d) attorney fees, and the distinctive pre-suit cure notice requirement.
Read → ArticleIndiana Lemon Law Statute (§ 24-5-13)
Ind. Code § 24-5-13 — Indiana Motor Vehicle Protection Act. Core eligibility, 18-month / 18,000-mile Rights Period, mandatory § 24-5-13-22 attorney fees.
Read → ArticleMagnuson-Moss Warranty Act in Indiana
How the federal Magnuson-Moss Warranty Act (15 U.S.C. § 2301) overlays Indiana's § 24-5-13 Lemon Law and provides federal-court access through D. Ind. divisions.
Read → ArticleIndiana Lemon Law Statute of Limitations
Indiana's timing rules — the 18-month / 18,000-mile Rights Period, 2-year IDCSA SOL, and 4-year Magnuson-Moss / UCC backstop.
Read →Think you've got a lemon?
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