Attorney in State BMV Overcharge Lawsuit Speaks Out

INDIANAPOLIS (WOWO): The attorney leading a class-action suit over B-M-V overcharges says Governor Pence should take a hand in settling the case. 

A Marion County judge this week refused to throw out the suit seeking repayment of up to 40-million dollars in overcharges stretching back through 13 years and four governors. 

The judge ordered both sides to return to mediation to settle the case, but attorney Irwin Levin says he‘s not convinced the state is serious about settling. Levin says the B-M-V has gone through four commissioners and three general counsels since the suit was filed. But he argues instead of sending the general counsel or the agency‘s outside attorney to negotiate, the governor‘s office should involve itself directly. 

An audit ordered by Pence found 60-million dollars in overcharges as well as some undercharges. The state has already repaid half that amount. But the lawsuit demands repayment of an additional 40-millioni dollars in older overcharges. 

Levin says he‘s prepared to go to trial if a settlement can‘t be reached.