(a)If the properly identified person who owns
or holds a lien on a vehicle appears at the site of storage before disposal
of the vehicle or parts and pays all costs relating to a tow, the storage
of the vehicle, and all allowable fees, as applicable, the vehicle or parts
shall be released.
(b)A towing service or storage yard may not charge an inspection
fee to an owner, a lienholder, or an insurance company representative
to inspect a vehicle or retrieve items from the vehicle.
(c)A towing service or storage yard must accept payment made by
any of the following means from a person seeking to release a vehicle
under this section:
(4)Money order.
A towing service or storage facility may elect to accept payment by
means of a credit card
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(a) If the properly identified person who owns
or holds a lien on a vehicle appears at the site of storage before disposal
of the vehicle or parts and pays all costs relating to a tow, the storage
of the vehicle, and all allowable fees, as applicable, the vehicle or parts
shall be released.
(b) A towing service or storage yard may not charge an inspection
fee to an owner, a lienholder, or an insurance company representative
to inspect a vehicle or retrieve items from the vehicle.
(c) A towing service or storage yard must accept payment made by
any of the following means from a person seeking to release a vehicle
under this section:
(1) Cash.
(2) Certified check.
(3) Insurance check.
(4) Money order.
A towing service or storage facility may elect to accept payment by
means of a credit card or debit card.
(d) Upon receiving payment of all costs relating to a tow, the storage
of a vehicle, and all allowable fees, as applicable, a towing service or
storage yard shall provide to the person making payment an itemized
receipt that includes the information set forth in IC 24-14-5, to the
extent the information is known or available.
(e) A towing service or storage yard must be open for business and
accessible by telephone during regular office hours. A towing service
or storage yard must provide a telephone number that is available on a
twenty-four (24) hour basis to receive calls and messages from callers,
including calls made outside of regular office hours. All calls made to
a towing service or storage yard must be returned within twenty-four
(24) hours from the time received. However, if adverse weather, an act
of God, or an emergency situation over which the towing service or
storage yard has no control prevents the towing service or storage yard
from returning calls within twenty-four (24) hours, the towing service
or storage yard shall return all calls received as quickly as possible.
(f) A towing service or storage yard shall, if required, notify the
appropriate public agency of all releases under this section. The
notification must include:
(1) the name and address of:
(A) the person that owns or holds a lien on the vehicle; and
(B) the insurance company that insures the vehicle, if the
vehicle was released to a representative of the insurance
company;
(2) the signature of the individual to whom the vehicle was
released;
(3) a description of the vehicle or parts;
(4) costs paid; and
(5) the date of release.
(g) A towing service or storage yard shall release property to a
properly identified person who owns or holds a lien on the vehicle not
later than twenty-four (24) hours after the towing service's or storage
yard's receipt of:
(1) payment of seventy-five percent (75%) of the amount of the
invoice;
(2) proof of a bond obtained by the owner for the remaining
twenty-five percent (25%) of the amount of the invoice, payable
in the event the owner does not comply with a court order under
subsection (j); and
(3) a copy of a complaint filed with the attorney general alleging
a violation of IC 24-14 under IC 24-14-10-1.
(h) The owner shall file a civil complaint in the appropriate
jurisdiction not later than thirty (30) days after providing the items
required to release the vehicle under subsection (g) if the disputed
invoice amount has not been resolved. A towing service or storage yard
may bring a civil complaint in an appropriate jurisdiction at any time
within the same thirty (30) day period asking the court to resolve the
disputed invoice amount.
(i) A civil complaint filed under subsection (h) must include the
amounts in the invoice that are disputed and the reasons those amounts
are disputed. A copy of the invoice and any evidence of reasonableness
or unreasonableness must be filed with the complaint.
(j) After a civil complaint is filed under subsection (h), the court
shall make a determination as to whether the amount charged by the
towing service or storage yard is reasonable. If the court determines
that the amount is reasonable, the court shall order the owner to pay the
amount of the invoice, minus the amount paid under subsection (g)(1).
If the court determines that the amount charged was unreasonable, the
court shall determine a reasonable amount and order the owner to pay
that amount minus the amount paid under subsection (g)(1). If the
reasonable amount determined by the court is less than the amount paid
under subsection (g)(1), the court shall order the towing service or
storage yard to pay the owner the difference in those amounts. The
court may also require either party to pay or refund any additional
amount and may impose any monetary penalties that the court
determines to be appropriate.
(k) Nothing in this section creates, implies, or otherwise grants
insurance coverage for the amount billed by a towing service or storage
facility that is not within the owner's automobile insurance policy or
other policy of insurance.
[Pre-1991 Recodification Citation: 9-9-1.1-4(c)
part.]