TITLE 49

MOTOR VEHICLES

CHAPTER 5

VEHICLE TITLES

49-524.  Salvage certificate of title or electronic file to replace certificate of title or certificate of origin on vehicles. (1) Every person acquiring a vehicle that has been determined to be a salvage vehicle shall obtain a salvage certificate of title on that vehicle.

(2)  The salvage certificate of title shall replace the manufacturer’s certificate of origin, manufacturer’s statement of origin, certificate of title or other comparable ownership document and shall indicate ownership only; it shall not be valid for registration purposes.

(3)  A salvage certificate of title shall be issued by the department or under the direction of the department and shall be on a form or electronic file as prescribed by the department. The form shall provide for assignments of the salvage certificate of title.

(4)  The fee for a salvage certificate of title or electronic filing of a salvage certificate of title shall be in accordance with the provisions of section 49-202(2)(b), Idaho Code. The fee shall be deposited in the state highway account.

(5)  Every insurer making payment for a vehicle that has been determined to be a salvage vehicle shall, within thirty (30) days from receipt of the properly released manufacturer’s certificate of origin, manufacturer’s statement of origin, certificate of title or other comparable ownership document, surrender such document to the department, along with an application for salvage certificate of title, the salvage certificate of title fee and other documents as required by the department for processing. The department shall issue a salvage certificate of title to the applicant if all requirements have been satisfied.

(6)  If a salvage pool receives a manufacturer’s certificate of origin, manufacturer’s statement of origin, certificate of title or other comparable ownership document for a vehicle that has been determined to be a salvage vehicle, the salvage pool shall, within thirty (30) days and upon receipt of the properly released ownership document, surrender such document to the department, along with an application for salvage certificate of title, the salvage certificate of title fee and other documents as required by the department for processing. The department shall issue a salvage certificate of title to the applicant if all requirements have been satisfied.

(7)  If an insurer has made payment for a salvage vehicle and the insurer or a salvage pool is unable to obtain a properly released manufacturer’s certificate of origin, manufacturer’s statement of origin, certificate of title or other comparable ownership document for the salvage vehicle within thirty (30) days after the acceptance by the owner of an amount in settlement of a total loss, then the insurer or salvage pool may submit an application for salvage certificate of title to the department without having first obtained one (1) of the aforementioned ownership documents. In place of one (1) of the aforementioned ownership documents, the insurer or the salvage pool shall submit to the department the following: a sworn statement that it made at least two (2) written attempts to obtain from the owner the properly released manufacturer’s certificate of origin, manufacturer’s statement of origin, certificate of title or other comparable ownership document by sending notice to the owner at the owner’s address of record with the department, together with a copy of each such written attempt. Additionally, the insurer or salvage pool shall include proper evidence of the satisfaction or discharge of any lien or encumbrance properly noted upon the certificate of title or upon the electronic records of the department, an application for salvage certificate of title, the salvage certificate of title fee, indemnifying affidavit and other documents as required by the department for processing. The department shall issue a salvage certificate of title if all requirements have been satisfied.

(8)  It is a misdemeanor, punishable by up to six (6) months in jail, a fine of one thousand dollars ($1,000) or both, if the owner of a retained salvage vehicle fails to surrender the title and be issued a salvage certificate of title, or to sell the vehicle and not tell the buyer that the vehicle is totaled.

(9)  If an insurer has allowed the owner to retain ownership of the salvage vehicle, the owner must surrender the certificate of title for such vehicle to the department not later than thirty (30) days from the date that the claim was satisfied. The insurer must notify the department of a total loss payoff within thirty (30) days. The department shall issue a salvage certificate of title to the owner prior to any sale or disposition of the salvage vehicle.

(10) If an insurer acquires the manufacturer’s certificate of origin, manufacturer’s statement of origin, certificate of title or other comparable ownership document for a vehicle in a settlement of a theft claim, the insurer shall immediately, upon receipt of the properly released ownership document, surrender such document to the department, along with an application for salvage certificate of title in the name of the insurer, the salvage certificate of title fee and other documents as required by the department for processing.

(11) If an insurer has acquired a vehicle in a settlement of a theft claim, has made application to and has been issued a new salvage certificate of title in the name of the insurer and the vehicle is subsequently recovered and is not damaged to the extent that it is a salvage vehicle, the insurer may complete an affidavit indemnifying the department stating the facts of acquisition and disposition of the vehicle in a form prescribed by the department and deliver the salvage certificate of title of ownership, affidavit and any other documents required by the department to the transferee at the time of delivery of the vehicle. When these documents are submitted with an application for title, the subsequent title for the vehicle will not be issued with the brand "rebuilt salvage" based on the theft incident, but a notation of "theft recovery" shall be made on the title certificate and title record.

(12) Any person acquiring ownership of a salvage vehicle purchased in a state or jurisdiction that does not require surrender of the certificate of title or comparable ownership document shall, within thirty (30) days following delivery of the certificate of title or ownership document, surrender such title or document to the department and apply for a salvage certificate of title.

(13) An owner of a salvage vehicle who sells or transfers said vehicle shall provide a properly executed assignment of the salvage certificate of ownership to the transferee.

(14) A purchaser of a salvage vehicle shall not possess or retain a salvage vehicle without a salvage certificate of title. The salvage vehicle purchaser shall display the salvage certificate of title upon the request of any peace officer or agent of the department.

History:

[49-524, added 1989, ch. 285, sec. 7, p. 707; am. 1994, ch. 296, sec. 3, p. 937; am. 1995, ch. 162, sec. 1, p. 641; am. 1996, ch. 327, sec. 2, p. 1119; am. 2001, ch. 73, sec. 16, p. 168; am. 2006, ch. 102, sec. 1, p. 280; am. 2008, ch. 84, sec. 2, p. 219; am. 2011, ch. 143, sec. 1, p. 404; am. 2013, ch. 89, sec. 1, p. 219; am. 2014, ch. 38, sec. 15, p. 83.]