CHAPTER 3. SALVAGE MOTOR VEHICLES
IC 9-22-3
Chapter 3. Salvage Motor Vehicles
IC 9-22-3-0.5
Applicability
Sec. 0.5. For purposes of this chapter, "motor vehicle" does notinclude:
(1) an off-road vehicle; or
(2) a golf cart.
As added by P.L.219-2005, SEC.12. Amended by P.L.150-2009,SEC.16.
IC 9-22-3-1
Application of chapter
Sec. 1. (a) Except as provided in subsection (b) and section 14 ofthis chapter, this chapter applies each year to a motor vehicle,semitrailer, or recreational vehicle manufactured within the lastseven (7) model years, including the current model year. The bureaushall establish guidelines for determining the applicability of themodel year effective dates for each year.
(b) The bureau may extend the model years to be covered eachyear by this chapter up to a maximum of fifteen (15) model years,which includes the current model year, after doing the following:
(1) Conducting a public hearing.
(2) Giving reasonable notice to known businesses affected bythis chapter.
As added by P.L.2-1991, SEC.10. Amended by P.L.59-1998, SEC.2.
IC 9-22-3-2
Fair market value defined
Sec. 2. As used in this chapter, "fair market value" means:
(1) the average trade-in value found in the National AutomobileDealers Association (NADA) Official Used Car Guide, vehiclevaluations determined by CCC Information Services, Inc.(CCC), or valuations determined by such other authorities asare approved by the bureau; or
(2) the fair market value determined by the bureau underIC 9-22-3-3.
As added by P.L.2-1991, SEC.10.
IC 9-22-3-2.5
Flood damaged vehicle defined
Sec. 2.5. (a) As used in this chapter, "flood damaged vehicle"means a passenger motor vehicle that satisfies either of thefollowing:
(1) The vehicle has been acquired by an insurance company aspart of a damage settlement due to water damage.
(2) The vehicle has been submerged in water to the point thatrising water has reached over the door sill, has entered thepassenger or trunk compartment, and has exposed any
electrical, computerized, or mechanical component to water.
(b) The term does not include a passenger motor vehicle that aninspection conducted by an insurance adjuster or estimator, a motorvehicle repairer, or a motor vehicle dealer determines:
(1) has no electrical, computerized, or mechanical componentsthat were damaged by water; or
(2) has one (1) or more electrical, computerized, or mechanicalcomponents that were damaged by water and all such damagedcomponents have been repaired or replaced.
As added by P.L.59-1998, SEC.3. Amended by P.L.258-1999, SEC.1.
IC 9-22-3-3
Necessity of certificate of salvage title; bureau determination offair market value; required application for certificate of salvagetitle by insurance company or owner
Sec. 3. (a) A certificate of salvage title is required for a motorvehicle, motorcycle, semitrailer, or recreational vehicle that meetsany of the following criteria:
(1) An insurance company has determined that it iseconomically impractical to repair the wrecked or damagedmotor vehicle, motorcycle, semitrailer, or recreational vehicleand has made an agreed settlement with the insured or claimant.
(2) If the owner of the vehicle is a business that insures its ownvehicles, the cost of repairing the wrecked or damaged motorvehicle, motorcycle, semitrailer, or recreational vehicle exceedsseventy percent (70%) of the fair market value immediatelybefore the motor vehicle, motorcycle, semitrailer, orrecreational vehicle was wrecked or damaged.
(3) The motor vehicle is a flood damaged vehicle.
(b) For the purposes of this section, the bureau shall, uponrequest, determine the fair market value of a wrecked or damagedmotor vehicle, motorcycle, semitrailer, or recreational vehicle if thefair market value cannot be determined from the source referred toin section 2(1) of this chapter.
(c) Except as described in section 11(c) of this chapter, aninsurance company shall apply for a salvage title for a vehicle thatthe insurance company has determined is economically impracticalto repair.
(d) An owner described in subsection (a)(2) shall apply for asalvage title for any vehicle that has sustained damages of seventypercent (70%) or more of the fair market value immediately beforethe motor vehicle, motorcycle, semitrailer, or recreational vehiclewas wrecked or damaged if the vehicle meets the criteria specifiedin subsection (a)(2).
As added by P.L.2-1991, SEC.10. Amended by P.L.59-1998, SEC.4;P.L.110-2006, SEC.1.
IC 9-22-3-4
Issuance of certificate of salvage title
Sec. 4. The bureau shall issue a certificate of salvage title as proof
of ownership for a salvage motor vehicle when the acquiringinsurance company, disposal facility, or person does the following:
(1) Applies for the certificate of salvage title.
(2) Pays the appropriate fee under IC 9-29-7.
(3) Surrenders the motor vehicle's original certificate of title.The certificate of title must be properly notarized or include theaffidavit of the last person who owned the vehicle, the person'slegal representative, or legal successor in interest of the vehicle,or other acceptable proof of ownership as determined by thebureau.
As added by P.L.2-1991, SEC.10.
IC 9-22-3-5
Certificate of salvage title; contents
Sec. 5. A certificate of salvage title issued under section 4 of thischapter must contain the following information:
(1) The same vehicle information as a certificate of title issuedby the department.
(2) The notation "SALVAGE TITLE" prominently recorded onthe front and back of the title.
(3) If the motor vehicle is a flood damaged vehicle, the notation"FLOOD DAMAGED" prominently recorded on the front andback of the title.
As added by P.L.2-1991, SEC.10. Amended by P.L.59-1998, SEC.5.
IC 9-22-3-6
Certificate of salvage title; assignment by owner of salvage vehicle
Sec. 6. A certificate of salvage title issued under section 4 of thischapter may be assigned by the person who owns the salvage vehicleto another buyer.
As added by P.L.2-1991, SEC.10.
IC 9-22-3-7
Certificate of salvage title; assignment by dealer
Sec. 7. A business that is registered with the secretary of state asa dealer under IC 9-23 may reassign a certificate of salvage title one(1) time without applying to the bureau for the issuance of a newcertificate of salvage title.
As added by P.L.2-1991, SEC.10. Amended by P.L.93-2010, SEC.7.
IC 9-22-3-7.5
Affidavit regarding flood damage to vehicle
Sec. 7.5. (a) A dealer licensed as a dealer under IC 9-23 on thedate of receiving a title by sale or transfer shall secure an affidavitfrom the person who holds the certificate of title. The affidavit muststate whether the vehicle is a flood damaged vehicle.
(b) The dealer shall file the affidavit secured under subsection (a)with the bureau upon receiving the affidavit and shall retain a copyof the affidavit with the records of the dealer.
(c) The bureau shall retain an affidavit regarding flood damage to
the vehicle submitted to the bureau by a dealer under this section.
(d) Submission of a fraudulent affidavit under subsection (a) willsubject the affiant to civil liability for all damages incurred by adealer subsequent purchaser or transferee of the title, includingreasonable attorney's fees and court costs (including fees).
As added by P.L.258-1999, SEC.2. Amended by P.L.106-2010,SEC.1.
IC 9-22-3-8
Vehicle restoration; affidavits
Sec. 8. If a salvage motor vehicle has been flood damaged,extensively burned, vandalized, or severely wrecked so that one (1)or more component parts are required to restore the motor vehicle toan operable condition, the person or business that restored the motorvehicle must furnish, on an affidavit of restoration for a salvagemotor vehicle form, the name, identification number, and source ofall component parts that were included in the restoration of thevehicle. The affidavit must be attached to the certificate of salvagetitle and be submitted to the bureau upon application by a person fora certificate of title for the vehicle.
As added by P.L.2-1991, SEC.10. Amended by P.L.59-1998, SEC.6.
IC 9-22-3-9
Purchase by dealer of salvage vehicle; certificate of dealer title;affidavit of restoration; retention by bureau of records
Sec. 9. If a dealer purchases a salvage motor vehicle subject tosection 8 of this chapter and applies for a certificate of dealer title,the affidavit attached to the certificate of salvage title must also beattached to the certificate of dealer title. The bureau must retain theaffidavit or a microfilm copy of the form for ten (10) years.
As added by P.L.2-1991, SEC.10. Amended by P.L.59-1998, SEC.7.
IC 9-22-3-10
Duplicate certificates of salvage title
Sec. 10. (a) If a certificate of salvage title is lost, mutilated, ordestroyed or becomes illegible, the person who owns the vehicle orthe legal representative or legal successor in interest of the personwho owns the motor vehicle, semitrailer, or recreational vehicle forwhich the certificate of salvage title was issued, as shown by therecords of the bureau of motor vehicles, shall immediately apply fora duplicate certificate of salvage title.
(b) A person described in subsection (a) may obtain a duplicatecertificate of salvage title when the person furnishes informationconcerning the loss, mutilation, destruction, or illegibilitysatisfactory to the department and pays the fee set forth in IC 9-29-7.Upon the issuance of a duplicate certificate of salvage title, the mostrecent certificate of salvage title issued is considered void by thedepartment.
(c) A certificate of salvage title issued under this section musthave recorded upon the title's face and back the words "DUPLICATE
SALVAGE TITLE".
(d) If the lost, mutilated, destroyed, or illegible certificate ofsalvage title contained the notation "FLOOD DAMAGED", theduplicate certificate of salvage title must have recorded upon thetitle's face and back the words "FLOOD DAMAGED".
As added by P.L.2-1991, SEC.10. Amended by P.L.59-1998, SEC.8.
IC 9-22-3-11
Application by insurer or owner for certificate of salvage title
Sec. 11. (a) This section applies to the following persons:
(1) An insurance company that declares a wrecked or damagedmotor vehicle, motorcycle, semitrailer, or recreational vehiclethat meets at least one (1) of the criteria set forth in section 3 ofthis chapter and the ownership of which is not evidenced by acertificate of salvage title.
(2) An insurance company that has made and paid an agreedsettlement for the loss of a stolen motor vehicle, motorcycle,semitrailer, or recreational vehicle that:
(A) has been recovered by the titled owner; and
(B) meets at least one (1) of the criteria set forth in section3 of this chapter.
(b) A person who owns or holds a lien upon a vehicle describedin subsection (a) shall assign the certificate of title to the insurancecompany described in subsection (a). The insurance company shallapply to the bureau within thirty-one (31) days after receipt of thecertificate of title for a certificate of salvage title for each salvage orstolen vehicle subject to this chapter. The insurance company shallsurrender the certificate of title to the department and pay the feeprescribed under IC 9-29-7 for a certificate of salvage title.
(c) When the owner of a vehicle described in subsection (a)retains possession of the vehicle:
(1) the person who possesses the certificate of title shallsurrender the certificate of title to the insurance companydescribed in subdivision (2);
(2) the insurance company that completes an agreed settlementfor the vehicle shall:
(A) obtain the certificate of title; and
(B) submit to the bureau:
(i) the certificate of title;
(ii) the appropriate fee; and
(iii) a request for a certificate of salvage title on a formprescribed by the bureau; and
(3) after the bureau has received the items set forth insubdivision (2)(B), the bureau shall issue a certificate of salvagetitle to the owner.
(d) When a self-insured entity is the owner of a salvage motorvehicle, motorcycle, semitrailer, or recreational vehicle that meets atleast one (1) of the criteria set forth in section 3 of this chapter, theself-insured entity shall apply to the bureau within thirty-one (31)days after the date of loss for a certificate of salvage title in the name
of the self-insured entity's name.
(e) Any other person acquiring a wrecked or damaged motorvehicle, motorcycle, semitrailer, or recreational vehicle that meets atleast one (1) of the criteria set forth in section 3 of this chapter,which acquisition is not evidenced by a certificate of salvage title,shall apply to the bureau within thirty-one (31) days after receipt ofthe certificate of title for a certificate of salvage title.
(f) A person that violates this section commits a Class Dinfraction.
As added by P.L.2-1991, SEC.10. Amended by P.L.268-2003,SEC.24; P.L.110-2006, SEC.2.
IC 9-22-3-12
Old salvage vehicles; salvage transactions occurring beforeSeptember 1, 1975
Sec. 12. The owner of a salvage motor vehicle not covered by thischapter, either because a salvage transaction had taken place beforeSeptember 1, 1975, or because the vehicle is too old, is not requiredto obtain a certificate of salvage title for the vehicle.
As added by P.L.2-1991, SEC.10.
IC 9-22-3-13
Totally demolished or destroyed vehicles; exception fromcertificate of salvage title requirements; maintenance of records
Sec. 13. A scrap metal processor or other appropriate facility thatpurchases or acquires a salvage motor vehicle that has been totallydemolished or destroyed as a result of normal processing performedby a disposal facility is not required to apply for and receive acertificate of salvage title for the vehicle. The disposal facility shallmaintain the records prescribed by the bureau for a totallydemolished or destroyed vehicle.
As added by P.L.2-1991, SEC.10. Amended by P.L.66-1992, SEC.11.
IC 9-22-3-14
Totally demolished or destroyed vehicles; surrender of certificateof title and certificate of salvage title
Sec. 14. (a) This section applies to all salvage motor vehicles.
(b) Whenever a salvage motor vehicle is totally demolished ordestroyed by a disposal facility, scrap metal processor, or otherappropriate facility, the facility or processor shall surrender thecertificate of title and certificate of salvage title to the bureau.
As added by P.L.2-1991, SEC.10. Amended by P.L.66-1992, SEC.12.
IC 9-22-3-15
Rebuilt salvage motor vehicles; issuance of certificate of title
Sec. 15. If a salvage motor vehicle is rebuilt for operation uponthe highways and ownership is evidenced by a certificate of salvagetitle, the person who owns the vehicle shall apply to the bureau fora certificate of title. The bureau shall issue a certificate of title thatlists each person who holds a lien on the vehicle to the person who
owns the vehicle when the following are completed:
(1) The inspection of the vehicle by a police officer.
(2) The verification of proof of ownership of major componentparts used and the source of the major component parts.
(3) The surrender of the certificate of salvage title properlyexecuted with an affidavit concerning the major componentparts on a form prescribed by the bureau.
(4) The payment of the fee required under IC 9-29-7.
As added by P.L.2-1991, SEC.10.
IC 9-22-3-16
Rebuilt vehicle or rebuilt flood damaged vehicle designation oncertificate of title; affidavits
Sec. 16. (a) Except as provided in subsection (b), a certificate oftitle issued under section 8, 9, or 15 of this chapter and a certificateof title subsequently issued must conspicuously bear the designation:
(1) "REBUILT VEHICLE--MILEAGE UNKNOWN" if themotor vehicle is not a flood damaged vehicle; or
(2) "REBUILT FLOOD DAMAGED VEHICLE" if the motorvehicle is a flood damaged vehicle.
(b) An insurance company authorized to do business in Indianamay obtain a certificate of title that does not bear the designation ifthe company submits to the bureau, in the form and manner thebureau requires, satisfactory evidence that the damage to a recoveredstolen motor vehicle did not meet the criteria set forth in section 3 ofthis chapter.
(c) An affidavit submitted under section 8 or 9 of this chaptermust conspicuously bear the designation:
(1) "REBUILT VEHICLE--MILEAGE UNKNOWN" if themotor vehicle is not a flood damaged vehicle; or
(2) "REBUILT FLOOD DAMAGED VEHICLE" if the motorvehicle is a flood damaged vehicle.
As added by P.L.2-1991, SEC.10. Amended by P.L.59-1998, SEC.9.
IC 9-22-3-17
Rebuilt vehicle or rebuilt flood damaged vehicle designation oncertificates of title issued by other jurisdictions; designation on newor subsequent certificates of title
Sec. 17. (a) Except as provided in subsection (b), whenever acertificate of title is issued for a motor vehicle that was previouslytitled in another state or jurisdiction and the certificate of title fromthe other state or jurisdiction contains a "REBUILT","RECONSTRUCTED", "RECONDITIONED", "DISTRESSEDVEHICLE", or similar designation, a new and subsequent certificateof title must conspicuously bear the designation "REBUILTVEHICLE".
(b) Whenever a certificate of title is issued for a motor vehicledescribed in subsection (a) that was previously titled in another stateor jurisdiction and the certificate of title from the other state orjurisdiction contains a designation that indicates that the motor
vehicle is a flood damaged vehicle, a new and subsequent certificateof title must conspicuously bear the designation "REBUILT FLOODDAMAGED VEHICLE".
As added by P.L.2-1991, SEC.10. Amended by P.L.59-1998, SEC.10.
IC 9-22-3-18
Vehicles designated by other jurisdictions as junk
Sec. 18. A vehicle that has been designated "JUNK" in anotherstate or jurisdiction may not be titled in Indiana.
As added by P.L.2-1991, SEC.10.
IC 9-22-3-19
Recordkeeping forms
Sec. 19. (a) The secretary of state shall prescribe recordkeepingforms to be used by:
(1) a disposal facility;
(2) an automotive salvage rebuilder; and
(3) a used parts dealer licensed under IC 9-22-4;
to preserve information about salvage vehicles or major componentparts acquired or sold by the business.
(b) The recordkeeping forms required under subsection (a) mustcontain the following information:
(1) For each new or used vehicle acquired or disposed of or forthe major component parts of a new or used vehicle, thefollowing:
(A) A description of the vehicle or major component part,including numbers or other marks identifying the vehicle ormajor component part.
(B) The date the vehicle or major component part wasacquired and disposed of.
(C) The name and address of the person from whom thevehicle or major component part was acquired.
(D) Verification of the purchaser of the vehicle or majorcomponent part by driver's license, state identification card,or other reliable means.
(2) For motor vehicles acquired or disposed of, in addition tothe information required by subdivision (1), the following:
(A) The vehicle's trade name.
(B) The vehicle's manufacturer.
(C) The vehicle's type.
(D) The model year and vehicle identification number.
(E) A statement of whether any number has been defaced,destroyed, or changed.
(3) For wrecked, dismantled, or rebuilt vehicles, the date thevehicle was dismantled or rebuilt.
(c) Separate records for each vehicle or major component partmust be maintained.
(d) The recordkeeping requirements of this section do not applyto hulk crushers or to scrap metal processors when purchasing scrapfrom a person who is licensed under IC 9-22-4 and who is required
to keep records under this section.
As added by P.L.2-1991, SEC.10. Amended by P.L.106-2008,SEC.17.
IC 9-22-3-20
Retention of records
Sec. 20. Unless otherwise specified or required, the recordsrequired under section 19 of this chapter shall be retained for aperiod of five (5) years from the date the vehicle or major componentpart was acquired, in the form prescribed by the secretary of state.
As added by P.L.2-1991, SEC.10. Amended by P.L.93-2010, SEC.8.
IC 9-22-3-21
Availability and production of records
Sec. 21. The records required under section 19 of this chaptermust be available to and produced at the request of a police officeror an authorized agent of the secretary of state under this chapter.
As added by P.L.2-1991, SEC.10. Amended by P.L.93-2010, SEC.9.
IC 9-22-3-22
Late model vehicles purchased by disposal facilities or automotivesalvage rebuilders; completion of recordkeeping forms
Sec. 22. (a) This section applies to vehicles and their componentparts that are in either their current model year or in the immediatelypreceding six (6) model years when purchased by a disposal facilityor automotive salvage rebuilder.
(b) A disposal facility and automotive salvage rebuilder licensedunder IC 9-22-4 must complete the recordkeeping forms developedunder section 19 of this chapter for the purchase of a salvage motorvehicle or major component part.
As added by P.L.2-1991, SEC.10. Amended by P.L.59-1998, SEC.12.
IC 9-22-3-23
Inspection of records by police officers; examination of businesspremises
Sec. 23. A record required to be maintained under this chapter issubject to inspection by a police officer during normal businesshours. In addition to the inspections authorized under section 24 ofthis chapter, an inspection under this section may include anexamination of the premises of the licensee's established place ofbusiness for the purpose of determining the accuracy of the requiredrecords.
As added by P.L.2-1991, SEC.10.
IC 9-22-3-24
Entry onto premises to inspect vehicles, parts, records, orcertificates of title
Sec. 24. The secretary of state, a police officer, or an agent of thesecretary of state or a police officer may enter upon the premises ofa disposal facility, insurance company, or other business dealing in
salvage vehicles during normal business hours to inspect a motorvehicle, semitrailer, recreational vehicle, major component part,records, certificate of title, and other ownership documents todetermine compliance with this chapter.
As added by P.L.2-1991, SEC.10. Amended by P.L.93-2010, SEC.10.
IC 9-22-3-25
Releasing or providing evidence or information; immunity fromcivil and criminal liability
Sec. 25. In the absence of fraud or bad faith, a person whoreleases or provides evidence or information under this chapter toany of the following is immune from civil or criminal liability forproviding that evidence or information:
(1) The superintendent of the state police or the superintendent'sdesignee.
(2) The attorney general or the attorney general's designee.
(3) The city police chief or the city police chief's designee.
(4) The county sheriff or the county sheriff's designee.
(5) The prosecuting attorney or the prosecuting attorney'sdesignee responsible for prosecutions in the county that hasjurisdiction of the auto theft.
As added by P.L.2-1991, SEC.10.
IC 9-22-3-26
Issuance of search warrant
Sec. 26. A court may issue a warrant to search the premises of anautomotive salvage rebuilder, an automotive salvage recycler, adisposal facility, or a used parts dealer for any major componentparts being possessed, kept, sold, bartered, given away, used, ortransported in violation of this chapter.
As added by P.L.2-1991, SEC.10.
IC 9-22-3-27
Search warrant; service and return
Sec. 27. A warrant issued under section 26 of this chapter shall bedirected to a police officer who has the power of criminal process.The person to whom the warrant was issued shall serve the warrantand make the return within twenty (20) days after the date of issue.
As added by P.L.2-1991, SEC.10.
IC 9-22-3-28
Search warrant; articles to be seized; disposition ordered by court
Sec. 28. The police officer who serves a warrant issued undersection 26 of this chapter shall seize any article described in thewarrant and any other article the police officer finds during thesearch that is held in violation of this chapter. The police officershall hold the articles pending the disposition ordered by the court inwhich a prosecution may be instituted for a violation of this chapter.
As added by P.L.2-1991, SEC.10.
IC 9-22-3-29
Articles seized under warrant; replevin and other process
Sec. 29. A major component part seized under this chapter andany other article found on the searched premises and taken under awarrant issued under section 26 of this chapter may not be takenfrom the custody of the person who served the warrant by a writ ofreplevin or other process while proceedings are pending.
As added by P.L.2-1991, SEC.10.
IC 9-22-3-30
Sales, exchanges, or transfers of rebuilt vehicles by dealers;disclosures
Sec. 30. A seller that is:
(1) a dealer; or
(2) any other person who sells, exchanges, or transfers at leastfive (5) vehicles each year;
may not sell, exchange, or transfer a rebuilt vehicle withoutdisclosing in writing to the purchaser, customer, or transferee beforeconsummating the sale, exchange, or transfer the fact that the vehicleis a rebuilt vehicle if the dealer or other person knows or shouldreasonably know the vehicle is a rebuilt vehicle.
As added by P.L.2-1991, SEC.10.
IC 9-22-3-31
Sale or offer to sell manufacturer's identification plate or serialplate removed from vehicle that is total loss or salvage;classification of offense
Sec. 31. A person who knowingly possesses, buys, sells,exchanges, gives away, or offers to buy, sell, exchange or give awaya manufacturer's identification plate or serial plate that has beenremoved from a motor vehicle, motorcycle, semitrailer, orrecreational vehicle that is a total loss or salvage commits a Class Dfelony.
As added by P.L.2-1991, SEC.10.
IC 9-22-3-32
Nontitle state certificates of title or ownership papers; violations;classification of offense
Sec. 32. A person who knowingly possesses, buys, sells,exchanges, gives away, or offers to buy, sell, exchange or give awaya certificate of title or ownership papers from a nontitle state of amotor vehicle, motorcycle, semitrailer, or recreational vehicle that isa total loss or salvage commits a Class D felony.
As added by P.L.2-1991, SEC.10.
IC 9-22-3-33
Certain certificate of salvage title violations; classification ofoffense
Sec. 33. A person who violates section 4, 5, 6, 7, 8, or 9 of thischapter commits a Class D felony.As added by P.L.2-1991, SEC.10.
IC 9-22-3-34
Violations for which there is no specific penalty; classification
Sec. 34. A person who violates a provision of this chapter forwhich there is no specific penalty commits a Class B misdemeanor.
As added by P.L.2-1991, SEC.10.
IC 9-22-3-35
Commencement of prosecution; indictment or information
Sec. 35. The prosecution of a disposal facility, automotive salvagerebuilder, insurance company, or individual suspected of havingviolated this section may be instituted by the filing of an informationor indictment in the same manner as other criminal cases arecommenced.
As added by P.L.2-1991, SEC.10.
IC 9-22-3-36
Civil remedies for violations; actual damages; treble damages;costs and attorney's fees
Sec. 36. A person aggrieved by a violation of this chapter mayrecover the actual damages sustained, together with costs andreasonable attorney's fees. In the court's discretion the court mayincrease the award of damages to:
(1) an amount not to exceed three (3) times the actual damagessustained; or
(2) two thousand five hundred dollars ($2,500);
whichever is greater.
As added by P.L.2-1991, SEC.10.
IC 9-22-3-37
Violations as deceptive acts; action by attorney general; remediesand penalties
Sec. 37. Except as provided in section 11(f) of this chapter, aperson who violates this chapter commits a deceptive act that isactionable by the attorney general and is subject to the remedies andpenalties under IC 24-5-0.5.
As added by P.L.2-1991, SEC.10. Amended by P.L.110-2006, SEC.3.