CHAPTER 4. DAMAGE TO NEW MOTOR VEHICLES
IC 9-23-4
Chapter 4. Damage to New Motor Vehicles
IC 9-23-4-1
Liability of dealer
Sec. 1. Notwithstanding the terms, provisions, or conditions of
any agreement or franchise, the dealer is solely liable for damage to
a new motor vehicle after acceptance from the carrier or transporter
and before delivery to the ultimate purchaser.
As added by P.L.2-1991, SEC.11.
IC 9-23-4-2
Liability of manufacturer, converter manufacturer, or automotive
mobility dealer
Sec. 2. Notwithstanding the terms, provisions, or conditions of
any agreement or franchise, the manufacturer, converter
manufacturer, or automotive mobility dealer is liable for all damage
to a new motor vehicle before delivery to a carrier or transporter.
As added by P.L.2-1991, SEC.11. Amended by P.L.147-2009,
SEC.14.
IC 9-23-4-3
Carrier related damage
Sec. 3. The dealer is liable for damage to a new motor vehicle
after delivery to the carrier or transporter only if the dealer selects
the method of transportation, mode of transportation, and the carrier
or transporter. In all other instances, the manufacturer is liable for
carrier related damage to a new motor vehicle.
As added by P.L.2-1991, SEC.11.
IC 9-23-4-4
Disclosure to ultimate purchaser of damage exceeding four percent
of retail price
Sec. 4. (a) This section does not apply to damage to glass, radios,
tires, and bumpers when replaced by identical manufacturer's original
equipment.
(b) Any uncorrected damage or any corrected damage exceeding
four percent (4%) of the manufacturer's suggested retail price (as
defined in 26 U.S.C. 4216), as measured by retail repair costs, must
be disclosed in writing before delivery to an ultimate purchaser.
As added by P.L.2-1991, SEC.11.
IC 9-23-4-5
Customer-ordered vehicle; damage not exceeding four percent;
disclosure
Sec. 5. Repaired damage to a customer-ordered new motor vehicle
not exceeding four percent (4%) of the manufacturer's suggested
retail price does not need to be disclosed at the time of sale.
As added by P.L.2-1991, SEC.11.