COA: Storage fees capped per statute

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The Indiana Court of Appeals affirmed that the owner of a car involved in a fatal accident must pay storage fees to a towing company, but those fees must be capped at $1,500.

In Northwest Towing & Recovery v. State of Indiana, No. 18A02-0905-CV-409, Northwest Towing & Recovery appealed the denial of its motion to correct error after the trial court capped its storage-fee lien at $1,500 based on Indiana Code Section 32-33-10-5(b). The company had the lien against Frances Brinkley, the owner of the car involved in a fatal accident caused by her son. Brinkley cross-appealed arguing she shouldn't have had to pay anything to have her car returned.

The accident happened Oct. 8, 2006, and Northwest - based on a contract with the city of Muncie - towed the vehicle and stored it at a rate of $20 a day. The car remained in storage until the court ordered on Oct. 28, 2008, that the car be returned to Brinkley.

The trial court concluded Brinkley should be responsible for storage from the time of her son's sentencing in August 2007 until the car was released, but because of the statutory cap, she would only have to pay $1,500, plus other miscellaneous costs totaling $250.

Northwest argued the trial court order can't stand because Brinkley wasn't a party to the criminal proceedings, violating Indiana Trial Rule 17(A). The Court of Appeals decided that Northwest waived the issue because it invited the alleged error and never objected under Trial Rule 17(A) until the trial court ruled against it, wrote Chief Judge John Baker.

The appellate court also affirmed that I.C. Section 32-33-10-5(b) is applicable and capped the storage costs at $1,500. Northwest argued that I.C. 9-22-5-15(a) could apply - which has no caps - but that statute is only applicable when work or storage is done at the request of the owner, wrote the chief judge. Brinkley never requested her car be stored at Northwest - the Muncie Police Department originally requested it and her son asked for continued storage until his trial so the car could be preserved for evidence.

To allow Northwest to proceed under I.C. 9-22-5-15(a) "would permit Northwest to proceed with a lien that would effectively ignore the specific limitations and circumvent the statutory cap that became effective in 2005," wrote Chief Judge Baker.

The Court of Appeals also affirmed the order that Northwest title the car back to Brinkley.

The appellate judges ruled Brinkley should be responsible for the $1,500 in storage fees even though her son caused the fees to be incurred. She never requested the car returned to her after her son was sentenced, so the trial court could reasonably infer she permitted the continued storage of the car.


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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...