ILNews

Judge lets second suit alleging BMV overcharges proceed

Back to TopCommentsE-mailPrintBookmark and Share

Indiana Bureau of Motor Vehicles must answer a second complaint alleging the agency overcharged Hoosiers millions of dollars on almost 30 types of licenses or registrations, a judge ruled Wednesday.

BMV previously agreed to refund $30 million for overcharges of operator’s licenses as a result of an earlier lawsuit.

In the latest lawsuit, Marion Superior Judge James Osborn denied the BMV’s motions to dismiss and stay discovery. The suit seeks class action status.

Lead plaintiff Tammy Raab sued the bureau alleging that 29 BMV fees overcharged people from 50 cents to $11 dollars, according to Cohen & Malad LLP managing partner Irwin Levin.

Among the more commonly alleged overcharges were $3 for motorcycle endorsements, $1 for duplicate titles, $4.50 for chauffeur’s license, $3 for personalized plates, and $1 for plate transfers. Overcharges of $11 are alleged for antique year of manufacture registrations.

“We’re guessing the number is in the tens of millions of dollars” that Hoosiers were overcharged at the BMV, Levin said Friday. The BMV hasn’t provided an accounting of how much it collected from the overcharges, and depositions are scheduled next month.

“We’re going to find out whether the BMV is just reckless in making sure they charge people the legal amount or if something else is going on,” he said.

BMV previously announced it would refund $30 million to motorists who were overcharged $3.50 to $7 for driver’s licenses. That suit  also was brought by Cohen & Malad.

“The court has essentially ruled that the BMV can’t simply say ‘Trust us’ and throw out the case. Hoosiers now get to ask the BMV the tough questions about this debacle and get the answers they deserve,” Levin said in a statement.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

ADVERTISEMENT