Indiana 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.
Indiana’s timing rules are moderate — the 18-month Rights Period is among the shorter combined Rights Periods, but the 2-year IDCSA SOL plus 4-year Magnuson-Moss backstop provide reasonable runway.
The four deadlines
| Statute | Deadline | Triggered by |
|---|---|---|
| Lemon Law Rights Period | 18 months OR 18,000 miles OR end of warranty | Original delivery date |
| Lemon Law suit deadline | 2 years from first reported nonconformity (§ 24-5-13-23) | Date defect first reported to manufacturer/dealer |
| IDCSA | 2 years from violation | Date of deceptive act |
| Magnuson-Moss / UCC | 4 years from delivery | Original delivery date |
| Common-law warranty | 4 years from delivery (UCC § 2-725) | Original delivery date |
18-month / 18,000-mile Rights Period
This is the eligibility window for the Indiana Lemon Law — the defect must arise AND repair attempts must occur within 18 months / 18,000 miles.
Lemon Law suit deadline — § 24-5-13-23
Separate from the Rights Period, the Lemon Law itself sets a filing deadline: a § 24-5-13 action must be commenced within 2 years following the date the buyer first reports the nonconformity to the manufacturer, its agent, or authorized dealer. This 2-year clock is tolled while a certified informal dispute settlement procedure (BBB Auto Line) is being conducted.
Compared to peers:
- Virginia: 18 months, no mileage cap
- Indiana: 18 months / 18,000 miles
- 2-year states (most others): generally more generous
- 1-year states (TN, IL, MI, WI, CO, MA): tighter
IDCSA 2-year SOL
IDCSA actions must be brought within 2 years from the violation under § 24-5-0.5-5(b). The pre-suit cure notice typically tolls the SOL during the 30-day cure window.
Magnuson-Moss 4-year backstop
Magnuson-Moss borrows Ind. Code § 26-1-2-725 UCC SOL of 4 years from delivery. This is the critical backstop.
Practical strategy
| Time since delivery | Best avenues |
|---|---|
| 0 – 12 months | All open; document defects + repair attempts. |
| 12 – 18 months | Lemon Law window closing; send both notices + pursue BBB Auto Line. |
| 18+ months / 18K+ miles | Lemon Law Rights Period closed; IDCSA + Magnuson-Moss still available. |
| 18 – 24 months | IDCSA 2-year SOL still open; Magnuson-Moss available. |
| 2 – 4 years | IDCSA closed; Magnuson-Moss + UCC available. |
| 4+ years | All claims generally closed. |
What if my Rights Period closes mid-repair-attempt cycle?
Indiana courts have generally held that:
- Repair attempts during the Rights Period count.
- The presumption attaches if 4 attempts (or 30 business days OOS) occur during the Period.
- A Lemon Law suit must be filed within 2 years of first reporting the defect (§ 24-5-13-23); the IDCSA 2-year SOL and Magnuson-Moss 4-year SOL provide parallel backstops.
Equitable tolling
Indiana courts apply tolling in limited cases:
- Manufacturer concealment — both Lemon Law and IDCSA SOLs may toll.
- Discovery rule for IDCSA — accrues at discovery of the deceptive practice.
- 30-day cure notice typically tolls IDCSA SOL during the cure window.
Bottom line
Indiana provides moderate timing protection: 18 months / 18K Lemon Law, 2 years IDCSA, 4 years Magnuson-Moss / UCC. The cure notice tolls IDCSA SOL during the 30-day cure window — making the notice both procedural and protective.
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'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.
Read →Think you've got a lemon?
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