HB 1875 Establishes a procedure by which insurers who purchase vehicles through the claims adjustment process can obtain a salvage title or junking certificate when they are unable to obtain a negotiable title

Current Bill Summary

- Prepared by Senate Research -


HCS/HB 1875 - Under the terms of this act, any insurer which purchases a vehicle, other than abandoned vehicles, through the claims adjustment process for which the insurer is unable to obtain a negotiable title, may make application to the Department of Revenue for a salvage certificate of title or junking certificate.

The application may be made by the insurer or its designated salvage pool on a form provided by the department and signed under penalty of perjury. The application shall include a declaration that the insurer has made at least 2 written attempts to obtain the certificate of ownership, transfer documents, or other acceptable evidence of title, and be accompanied by proof of claims payment from the insurer, evidence that letters were delivered to the vehicle owner, a statement explaining the circumstances by which the property came into the insurer's possession, a description of the property including the year, make, model, vehicle identification number, and current location of the property, and a fee of $8.50. The insurer shall, 30 days prior to making application for title, notify any owners or lienholders of record for the vehicle that the owners intends to apply for a certificate of title from the director for the vehicle.

Upon receipt of the application and supporting documents, the director shall search the records of the department, or initiate an inquiry with another state, if the evidence presented indicated the vehicle described in the application was registered or titled in another state, to verify the name and address of any owners and any lienholders. After 30 days from receipt of the application, if no valid lienholders have notified the department of the existence of a lien, the department shall issue a salvage certificate of title or junking certificate for the vehicle in the name of the insurer.

This act is similar to SB 879 (2012).

STEPHEN WITTE


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