The 30 Days Out of Service Rule: Indiana Lemon Law Explained
If your new vehicle spends 30 business days or more in the repair shop for warranty defects, it qualifies as a lemon under Indiana law. You may be entitled to a full refund or a replacement vehicle.
When you buy a brand-new vehicle, you expect it to be sitting in your driveway, not collecting dust in a dealership's service bay. In Indiana, you do not have to endure endless repairs. The state's Lemon Law contains a specific provision for vehicles that simply spend too much time out of service, regardless of how many individual times you brought the car in. Understanding how to count these days properly is crucial to supporting your claim. If your vehicle has been trapped in the shop, search our directory for a local Indiana Lemon Law attorney who can force the manufacturer to take the vehicle back.
Understanding the 30 Days Out of Service Rule
Most people associate the Lemon Law with a vehicle that has the exact same defect repaired four or more times. However, under Ind. Code § 24-5-13-15, a vehicle is also presumed to be a lemon if it is out of service by reason of repair for a cumulative total of at least thirty (30) business days. This means that if your car spends 15 days in the shop for an electrical failure, and later spends 15 days in the shop for a completely unrelated transmission leak, those days can be added together to meet the 30-day threshold. Under Ind. Code § 24-5-13-8, you must report the defect within the statutory term of protection (18 months or 18,000 miles), but the repair attempts and resulting out-of-service days can continue to accumulate even after that protection period expires.
Do the 30 Days Have to Be Consecutive?
No, the 30 days do not have to be consecutive. Indiana law explicitly uses the term 'cumulative total.' If you take your SUV to a dealership in Evansville for five days in March, ten days in June, and sixteen days in September, your vehicle has been out of service for 31 days total. At this point, the law presumes the manufacturer is unable to conform the vehicle to its warranty, giving you grounds to file a claim with the help of a lawyer in the Vanderburgh County Circuit Court, Evansville.
How Weekend and Holiday Shop Closures Count
The wording of the statute is very specific: it requires thirty 'business days.' A business day generally excludes Sundays and state or federal holidays when the dealership's service department is closed. For example, if you drop your car off on a Friday morning and pick it up on a Monday evening, Saturday might count if the service center was open, but Sunday typically will not. It is critical to keep every single repair invoice (repair order). The 'Date In' and 'Date Out' printed on these official documents will be the primary evidence your attorney uses to calculate the exact number of business days.
What to Do if the Dealer Refuses to Provide a Loaner Car
Being without a vehicle for 30 days is a massive disruption to your life. Unfortunately, Indiana law does not strictly require the dealership to provide you with a free loaner vehicle while your car is being repaired, unless your specific warranty or extended service contract guarantees one. However, if the dealer refuses a loaner, you may be forced to rent a car out of pocket. Under Indiana Lemon Law, you can demand reimbursement for these incidental rental car expenses if your vehicle is ultimately deemed a lemon.
How Backordered Parts Trigger the Lemon Law
In recent years, global supply chain issues have caused massive delays for auto parts, such as microchips, wiring harnesses, and transmission modules. Many consumers are told, 'Your car is broken, but we can't get the part for three months.' Under Indiana law, the manufacturer is still held responsible. The law does not give automakers a free pass because a part is on backorder. If your car sits in a service lot in Crown Point for 45 business days waiting for a part, it has crossed the 30-day threshold. You have the right to file a lawsuit in the Lake County Circuit Court, Crown Point or submit a Form 30846, Indiana, Office of the Attorney General, Consumer Complaint Form to initiate action.
Attorney Fees and Case Costs
Fighting a major auto manufacturer over a 30-day out-of-service claim is not something you should do alone. Because Indiana's Motor Vehicle Protection Act includes a fee-shifting provision, you can hire a top-tier Lemon Law attorney with zero upfront costs. If the case is successful, the automaker must pay your legal fees. If they try to argue that the 30 days were not 'business days,' your attorney will aggressively litigate the matter to protect your investment.
Frequently Asked Questions (FAQ)
What if the dealer claims they were just waiting for me to pick it up?
The out-of-service clock generally stops when the dealer formally notifies you that the vehicle is repaired and ready for pickup. If you leave it there for an extra week because you are on vacation, those extra days do not count toward the 30-day total.
Do days spent at an independent mechanic count?
No. To count toward the Indiana Lemon Law, the repairs must be performed by the manufacturer's authorized dealer or agent. Days spent at a local third-party repair shop do not apply.
What if the defect does not make the car undrivable?
If the defect substantially impairs the use, value, or safety of the vehicle, it qualifies. For instance, if the air conditioning completely fails in the summer, the vehicle can be considered out of service while it sits at the dealer waiting for parts, even if the engine runs perfectly.
Can I drive the car while waiting for backordered parts?
If the dealer deems the vehicle safe to drive and returns it to you while waiting for parts, those days you are driving it do not count toward the 30-day out-of-service threshold. Only days the car is physically surrendered to the shop count.
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