Salvage Title CA VC 11515

[tedcrum@xxxxxxxxxxxxxxxxxxxxx]

11515.  (a) Whenever an insurance company makes a total loss
settlement on a total loss salvage vehicle, the insurance company, an
occupational licensee of the department authorized by the insurance
company, or a salvage pool authorized by the insurance company,
shall, within 10 days from the settlement of the loss, forward the
properly endorsed certificate of ownership or other evidence of
ownership acceptable to the department, the license plates, and a
three dollar ($3) fee, to the department.  An occupational licensee
of the department may submit a certificate of license plate
destruction in lieu of the actual license plate.  The department,
upon receipt of the certificate of ownership or other evidence of
title, the license plates, and the three dollar ($3) fee, shall issue
a salvage certificate for the vehicle.
   (b) Whenever the owner of a total loss salvage vehicle retains
possession of the vehicle, the insurance company shall notify the
department of the retention on a form prescribed by the department.
The insurance company shall also notify the insured or owner of the
insured's or owner's responsibility to comply with this subdivision.
The owner shall, within 10 days from the settlement of the loss,
forward the properly endorsed certificate of ownership or other
evidence of ownership acceptable to the department, the license
plates, and a three dollar ($3) fee to the department.  The
department, upon receipt of the certificate of ownership or other
evidence of title, the license plates, and the three dollar ($3) fee,
shall issue a salvage certificate for the vehicle.
   (c) Whenever a total loss salvage vehicle is not the subject of an
insurance settlement, the owner shall, within 10 days from the loss,
forward the properly endorsed certificate of ownership or other
evidence of ownership acceptable to the department, the license
plates, and a three dollar ($3) fee to the department.
   (d) Whenever a total loss salvage vehicle is not the subject of an
insurance settlement, a self-insurer, as defined in Section 16052,
shall, within 10 days from the loss, forward the properly endorsed
certificate of ownership or other evidence of ownership acceptable to
the department, the license plates, and a three dollar ($3) fee to
the department.
   (e) Prior to sale or disposal of a total loss salvage vehicle, the
owner, owner's agent, or salvage pool, shall obtain a properly
endorsed salvage certificate and deliver it to the purchaser within
10 days after payment in full for the salvage vehicle and shall also
comply with Section 5900.  The department shall accept the endorsed
salvage certificate in lieu of the certificate of ownership or other
evidence of ownership when accompanied by an application and other
documents and fees, including, but not limited to, the fees required
by Section 9265, as may be required by the department.
   (f) This section does not apply to a vehicle which has been driven
or taken without the consent of the owner thereof, until the vehicle
has been recovered by the owner and only if the vehicle is a total
loss salvage vehicle.
   (g) A violation of subdivision (a), (b), (d),  or (e) is a
misdemeanor, pursuant to Section 40000.11.  Notwithstanding Section
40000.11, a violation of subdivision (c) is an infraction, except
that, if committed with intent to defraud, a violation of subdivision
(c) is a misdemeanor.
   (h) (1) Effective on a date selected by the director, but not
later than January 1, 2000, a salvage certificate issued under this
section shall include a statement that the seller and any subsequent
sellers that transfer ownership of a total loss vehicle pursuant to a
properly endorsed salvage certificate are required to disclose to
the purchaser at, or prior to, the time of sale that the vehicle has
been declared a total loss salvage vehicle.
   (2) The seller shall be deemed to have met the disclosure
requirement described in paragraph (1) if the seller complies with
subdivision (e) or prominently posts a notice at his or her place of
business that the seller sells total loss salvage vehicles.
   (3) Effective on and after the department includes in the salvage
certificate form the statement described in paragraph (1), a seller
who fails to make the disclosure described in paragraph (1) or (2)
shall be subject to a civil penalty of not more than five hundred
dollars ($500).
   (4) Nothing in this subdivision affects any other civil remedy
provided by law, including, but not limited to, punitive damages.
   (5) This subdivision does not apply to a financial institution,
leasing company, an occupational licensee of the department, a
self-insurer, an insurance company, or their agents.
   (6) Nothing in this subdivision exempts those persons or entities
identified in paragraph (5) from any other provision of law in effect
prior to January 1, 1999, that requires those persons or entities to
disclose to the purchaser that a vehicle has been declared a total
loss salvage vehicle.


11515.1.  A salvage pool shall sell a vehicle only with either of
the following:
   (a) A salvage certificate, except those vehicles described in
subdivision (f) of Section 11515, which may be sold with a
certificate of title.
   (b) A nonrepairable vehicle certificate, except those vehicles
described in subdivision (f) of Section  11515.2, which may be sold
with a certificate of title.


11515.2.  (a) Whenever an insurance company makes a total loss
settlement on a nonrepairable vehicle and takes possession of that
vehicle, either itself or through an agent, the insurance company, an
occupational licensee of the department authorized by the insurance
company, or a salvage pool authorized by the insurance company,
shall, within 10 days after receipt of title by the insurer, free and
clear of all liens, forward the properly endorsed certificate of
ownership or other evidence of ownership acceptable to the
department, the license plates, and a three-dollar ($3) fee, to the
department.  An occupational licensee of the department may submit a
certificate of license plate destruction in lieu of the actual
license plate.  The department, upon receipt of the certificate of
ownership or other evidence of title, the license plates, and the
three-dollar ($3) fee, shall issue a nonrepairable vehicle
certificate for the vehicle.
   (b) Whenever the owner of a nonrepairable vehicle retains
possession of the vehicle, the insurance company shall notify the
department of the retention on a form prescribed by the department.
The insurance company shall also notify the insured or owner of the
insured's or owner's responsibility to comply with this subdivision.
The owner shall, within 10 days from the settlement of the loss,
forward the properly endorsed certificate of ownership or other
evidence of ownership acceptable to the department, the license
plates, and a three-dollar ($3) fee to the department.  The
department, upon receipt of the certificate of ownership or other
evidence of title, the license plates, and the three-dollar ($3) fee,
shall issue a nonrepairable vehicle certificate for the vehicle.
   (c) Whenever a nonrepairable vehicle is not the subject of an
insurance settlement, the owner shall, within 10 days from the loss,
forward the properly endorsed certificate of ownership or other
evidence of ownership acceptable to the department, the license
plates, and a three-dollar ($3) fee to the department.
   (d) Whenever a nonrepairable vehicle is not the subject of an
insurance settlement, a self-insurer, as defined in Section 16052,
shall, within 10 days of the loss, forward the properly endorsed
certificate of ownership or other evidence of ownership acceptable to
the department, the license plates, and a three-dollar ($3) fee to
the department.
   (e) Prior to sale or disposal of a nonrepairable vehicle, the
owner, owner's agent, or salvage pool, shall obtain a properly
endorsed nonrepairable vehicle certificate and deliver it to the
purchaser within 10 days after payment in full for the nonrepairable
vehicle and shall also comply with Section 5900.  The department
shall accept the endorsed nonrepairable vehicle certificate in lieu
of the certificate of ownership or other evidence of ownership when
accompanied by an application and other documents and fees,
including, but not limited to, the fees required by Section 9265, as
may be required by the department.
   (f) This section does not apply to a vehicle that has been driven
or taken without the consent of the owner thereof, until the vehicle
has been recovered by the owner and only if the vehicle is a
nonrepairable vehicle.
   (g) A nonrepairable vehicle certificate shall be conspicuously
labeled with the words "NONREPAIRABLE VEHICLE" across the front of
the certificate.
   (h) A violation of subdivision (a), (b), (d), or (e) is a
misdemeanor, pursuant to Section 40000.11.  Notwithstanding Section
40000.11, a violation of subdivision (c) is an infraction, except
that, if committed with intent to defraud, a violation of subdivision
(c) is a misdemeanor.



- -- 
Ted Crum
tedcrum@domain.elided

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