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Indiana Motor Truck Association
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(317) 630-4682

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One N. Capitol, Suite 460
Indianapolis, IN, 46204

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  • Predatory Towing
  • Advocacy
    • TIPAC
    • Support TIPAC
    • Take Action
    • Legislative Accomplishments
  • Safety + Education
    • TDC Scores
    • Future Leaders of Indiana (FLI) Council >
      • Wreaths Across America
      • FLI Secretary Nomination Form
    • Cali Moriarty Memorial Fund
    • Safety + Maintenance Council (SMC) >
      • SMC Awards >
        • Master Truck Driver Certification
        • Technician of the Quarter
        • Driver of the Month
        • Safety Professional of the Year
        • Maintenance Professional of the Year
        • Fleet Safety Awards
        • Dispatch Professional of the Year
    • Put the Phone Down Campaign
    • CDL Training Programs
  • Events + Networking
    • Events Calendar
    • Sponsorship >
      • Allied Member Sponsorship Info
      • Carrier Member Sponsorship Info
    • Advertise with Us
    • Speak at an Event
  • About
    • About IMTA
    • The People of IMTA >
      • BOD Secretary Nomination Form
    • Standing Committees
  • Membership
    • Allied Membership
    • Carrier Membership
    • New Member Referral
    • Member Login
    • Members Only Directory
    • Endorsed Partners
  • Explore More
    • Helpful Links
    • Crossroads Quarterly Newsletter
    • Careers
  • Predatory Towing

Helpful Links:

AG's Complaint Form: Online Version or PDF Download

Bond Issuance Link (will be linked when available)

IMTA's PowerPoint Presentation (presented in the video)

ATRI Predatory Towing Study

Article 14 PDF
Additional Towing Requirements:

IC 9-22-1-4
 Responsibility and liability of owner of abandoned vehicle or
 parts; limitation of costs for storage
 Sec. 4. (a) Except as provided in subsection (d), the owner of an abandoned vehicle or
 parts is:
 (1) responsible for the abandonment; and
 (2) liable for all of the costs incidental to the removal, storage, and disposal;
 of the vehicle or the parts under this chapter.
 (b) Except as provided in subsection (c), the costs for storage of an abandoned vehicle
 may not exceed two thousand dollars ($2,000).
 (c) The costs for storage of an abandoned vehicle with a length of at least thirty (30) feet
 may not exceed two thousand five hundred dollars ($2,500).
 (d) If an abandoned vehicle is sold by a person who removed, towed, or stored the
 vehicle, the person who previously owned the vehicle is not responsible for storage fees.
 (e) If an abandoned vehicle is sold by a person who removed, towed, or stored the
 vehicle, and proceeds from the sale of the vehicle covered the removal, towing, sale disposal,
 and storage expenses, any remaining proceeds from the sale of the vehicle shall be returned
 as described in this chapter or IC 9-22-6, whichever is applicable.
 
 IC 9-22-1-8
 Release of stored vehicle or property; fees; invoices; amount
 charged; payments
 Sec. 8. (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.
 
 IC 9-22-1-19
 National data base search; notification; storage costs
 Sec. 19. (a) Within three (3) business days after removal of a vehicle to a storage yard or
 towing service under section 13, 14, 16, or 31 of this chapter or IC 9-22-6, the public agency
 or towing service shall conduct a search of the National Motor Vehicle Title Information
 System or an equivalent and commonly available data base to attempt to obtain the last state
 of record of the vehicle in order to attempt to ascertain the name and address of the person
 who owns or holds a lien on the vehicle.
 (b) A public agency or towing service that obtains the name and address of the owner of
 or lienholder on a vehicle shall, not later than three (3) business days after obtaining the name
 and address, notify the owner of the vehicle and any lienholder on the vehicle, as indicated
 by the certificate of title or discovered by a search under subsection (a), of the following:
 (1) The name, address, and telephone number of the public agency or towing service.
 (2) That storage charges are being accrued and the vehicle is subject to sale if the
 vehicle is not claimed and the charges are not paid.
 (3) The earliest possible date and location of the public sale or auction.
 The notice must be made by certified mail or a certificate of mailing or by means of an
 electronic service approved by the bureau. Notwithstanding section 4 of this chapter, a public
 agency or towing service that fails to notify the owner of or lienholder on the vehicle as set
 forth in this subsection may not collect additional storage costs incurred after the date of
 receipt of the name and address obtained.
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