What form of title must an insurer obtain in connection with the sale of
a vehicle that has been acquired through the settlement of a claim?
According to Nevada Revised Statutes § 487.045:
As used in NRS 487.045 to 487.200, inclusive, "total loss vehicle" means a
vehicle:
1. Of a type which is subject to registration; and
2. Which has been wrecked, destroyed or otherwise damaged to
such an extent that the cost of repair is 65 percent or more of the fair market
value of the vehicle immediately before it was wrecked, destroyed or
otherwise damaged. The term does not include a nonrepairable vehicle or
other motor vehicle which is 10 model years old or older and which
requires only the replacement of the hood, trunk lid, grill assembly or two
or fewer quarter panels, doors, bumper assemblies, headlight assemblies,
taillight assemblies, or any combination thereof, to restore the vehicle to its
condition before it was wrecked, destroyed or otherwise damaged. For the
purposes of this section, the model year of manufacture is calculated based
on a year beginning on January 1 of the calendar year in which the damage
occurs.
According to Nevada Revised Statutes § 487.110:
1. Except with respect to a nonrepairable vehicle, when an insurance
company acquires a motor vehicle as a result of a settlement in which the
motor vehicle is determined to be a salvage vehicle, the owner of the motor
vehicle who is relinquishing ownership of the motor vehicle shall endorse
the title of the motor vehicle and forward the endorsed title to the insurance
company. The insurance company or its authorized agent shall forward the
endorsed title, together with an application for salvage title to the state
agency within 30 days after receipt of the endorsed title.
2. Except as otherwise provided in subsection 1, before any
ownership interest in a salvage vehicle, except a nonrepairable vehicle, may
be transferred, the owner or other person to whom the motor vehicle is
titled:
(a) If the person has possession of the title to the vehicle, shall
forward the endorsed title, together with an application for salvage title to
the state agency within 30 days after the vehicle becomes a salvage vehicle.
(b) If the person does not have possession of the title to the vehicle
and the title is held by a lienholder, shall notify the lienholder within 10
days after the vehicle becomes a salvage vehicle that the vehicle has
become a salvage vehicle. The lienholder shall, within 30 days after
receiving such notice, forward the title, together with an application for
salvage title, to the state agency.
3. An insurance company or its authorized agent may sell a vehicle
for which a total loss settlement has been made with the properly endorsed
title if the total loss settlement resulted from the theft of the vehicle and the
vehicle, when recovered, was not a salvage vehicle.
4. An owner who has determined that a vehicle is a total loss salvage
vehicle may sell the vehicle with the properly endorsed title obtained
pursuant to this section, without making any repairs to the vehicle, to a
salvage pool, automobile auction, rebuilder, automobile wrecker or a new
or used motor vehicle dealer.
5. Except with respect to a nonrepairable vehicle, if a salvage vehicle
is rebuilt and restored to operation, the vehicle may not be licensed for
operation, displayed or offered for sale, or the ownership thereof
transferred, until there is submitted to the state agency with the prescribed
salvage title, an appropriate application, other documents, including,
without limitation, an affidavit from the state agency attesting to the
inspection and verification of the vehicle identification number and the
identification numbers, if any, for parts used to repair the motor vehicle and
fees required, together with a certificate of inspection completed pursuant
to NRS 487.150.
6. Except with respect to a nonrepairable vehicle, if a total loss
insurance settlement between an insurance company and any person results
in the retention of the salvage vehicle by that person, before the execution
of the total loss settlement, the insurance company or its authorized agent
shall:
(a) Obtain, upon an application for salvage title, the signature of the
person who is retaining the salvage vehicle;
(b) Append to the application for salvage title the title to the motor
vehicle or an affidavit stating that the original title has been lost; and
(c) Apply to the state agency for a salvage title on behalf of the
person who is retaining the salvage vehicle.
7. If the state agency determines that a salvage vehicle retained
pursuant to subsection 5 is titled in another state or territory of the United
States, the state agency shall notify the appropriate authority of that state or
territory that the owner has retained the salvage vehicle.
8. A person who retains a salvage vehicle pursuant to subsection 6
may not transfer any ownership interest in the vehicle unless he has
received a salvage title.
According to Nevada Revised Statutes § 487.480:
1. Before an operator of a salvage pool sells any vehicle subject to
registration pursuant to the laws of this state, he must have in his possession
the certificate of title for a vehicle obtained pursuant to subsection 2 of
NRS 487.110 or the salvage title for that vehicle. The Department shall not
issue a certificate of registration or certificate of ownership for a vehicle
with the same identification number if the vehicle was manufactured in the
5 years preceding the date on which the salvage title was issued, unless the
Department authorizes the restoration of the vehicle pursuant to subsection
2 of NRS 482.553.
2. Upon sale of the vehicle, the operator of the salvage pool shall
provide a salvage title to the licensed automobile wrecker, dealer of new or
used motor vehicles or rebuilder who purchased the vehicle. back to top
What documents must an insurer provide to Copart in order to sell a
vehicle on a Certificate of Title?
The insurer shall provide Copart with a Certificate of Title or a comparable
ownership document issued by another state or jurisdiction (either endorsed
over to the insurer and notarized or accompanied by a notarized power of
attorney), an odometer disclosure statement, and a release of any liens.
Copart will submit these documents along with an Application for
Certificate of Title and the appropriate fee to the Motor Vehicle Division
for processing.
Thereafter, the Motor Vehicle Division shall issue a Certificate of Title in
the name of the insurer.
Copart, acting under a power of attorney for the insurer, will then sell the
vehicle at auction and reassign the insurer’s Certificate of Title to the
purchaser.
[See Nevada Revised Statutes, §§ 487.110, 487.480] back to top
What documents must an insurer provide to Copart in order to sell a
vehicle on a Salvage Title?
The insurer shall provide Copart with a Certificate of Title or a comparable
ownership document issued by another state or jurisdiction (either endorsed
over to the insurer and notarized or accompanied by a notarized power of
attorney), an odometer disclosure statement, a release of any liens, an ACV,
and a cost of repair.
Copart will submit these documents along with an Application for Salvage
Title and the appropriate fee to the Motor Vehicle Division for processing.
Thereafter, the Motor Vehicle Division shall issue a Salvage Title in the
name of the insurer.
Copart, acting under a power of attorney for the insurer, will then sell the
vehicle at auction and reassign the insurer’s Salvage Title to the purchaser.
[See Nevada Revised Statutes, §§ 487.110, 487.480] back to top
What documents must an insurer provide to Copart in order to sell a
recovered theft vehicle recovered substantially intact with no
substantial damage, where title is still in the name of the insured?
When a vehicle has been stolen, the insurer shall provide Copart with a
Certificate of Title or a comparable ownership document issued by another
state or jurisdiction (either endorsed over to the insurer or accompanied by
a notarized or secure power of attorney), an odometer disclosure statement
with last known mileage, and a release of any liens.
After receipt of these documents, Copart will submit these documents along
with an Application for Title and the appropriate fee to the Department of
Motor Vehicles for processing.
Thereafter, the Department of Motor Vehicles shall issue Certificate of
Title in the name of the insurer. Upon receipt, Copart will forward the
Certificate of Title to the insurer for safekeeping.
If the vehicle is recovered, the insurer will return the Certificate of Title
along with an ACV to Copart in order to obtain the appropriate title
depending upon the damage to the vehicle. If there is no damage to the
vehicle, the vehicle can be sold on a Certificate of Title.
Copart, acting upon a power of attorney for the insurer, will then sell the
vehicle at auction and either reassign the insurer’s Certificate of Title to the
purchaser. [See Nevada Revised Statutes, §§ 487.110(3), 487.045, 487.480] back to top
What steps must an insurer take in Nevada to process an ownerretained vehicle?
Pursuant to Nevada Revised Statute § 487.110(6):
Except with respect to a nonrepairable vehicle, if a total loss insurance
settlement between an insurance company and any person results in the
retention of the salvage vehicle by that person, before the execution of the
total loss settlement, the insurance company or its authorized agent shall:
(a) Obtain, upon an application for salvage title, the signature of the person
who is retaining the salvage vehicle;
(b) Append to the application for salvage title the title to the motor vehicle
or an affidavit stating that the original title has been lost; and
(c) Apply to the state agency for a salvage title on behalf of the person who
is retaining the salvage vehicle. back to top
What legal duties are imposed upon a lienholder following satisfaction
of the lien?
Within 15 days after the terms of the contract or security agreement have
been fully performed, the seller or other secured party who holds a
certificate of ownership shall deliver the certificate of ownership to the
person or persons legally entitled thereto, with proper evidence of the
termination or release of the security interest. [See Nevada Revised
Statutes, § 482.431] back to top
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