(A) When an officer discovers a vehicle in the possession of a person other than the owner of the vehicle, and the person cannot establish the right to the possession of the vehicle, the vehicle shall be taken to and stored in a suitable place determined by the officer.
(I.C. 9-22-1-5)
(B) If the owner or lienholder under division (C) of this section does not appear and pay all costs, or the owner of a vehicle cannot be determined by a search under § 90.08, the vehicle is considered abandoned and must be disposed of under this chapter.
(I.C. 9-22-1-7)
(C) Subject to division (D), if the property 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.
(D) A towing service or storage yard may charge an inspection fee to an owner, a lienholder, or an insurance company representative to inspect a vehicle or retrieve items from the vehicle. A fee under this division must be refunded if the costs relating to a tow, the storage of the vehicle, and all allowable fees, as applicable, are paid under division (C).
(E) (1) 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 I.C. 9-22-1-8:
(a) Cash;
(b) Certified check;
(c) Insurance check; or
(d) Money order.
(2) A towing service or storage facility may elect to accept payment by means of a credit card or debit card.
(F) 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 I.C. 24-14-5, to the extent the information is known or available.
(G) 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 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 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 24 hours, the towing service or storage yard shall return all calls received as quickly as possible.
(H) A towing service or storage yard shall, if required, notify the appropriate public agency of all releases under I.C. 9-22-1-8. 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.
(I.C. 9-22-1-8)
(I) If the person who owns or holds a lien under division (C) through (H) of this section does not appear and pay all costs, the Bureau shall declare the vehicle abandoned and provide for disposal in accordance with this chapter.
(I.C. 9-22-1-10)
Editor’s note:
I.C. 9-22-1-10 was repealed by P.L. 191-2007, Sec. 21.