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?
Pursuant to West Virginia Code § 17A-4-10:
(a) In the event a motor vehicle is determined to be a total loss or
otherwise designated as "totaled" by any insurance company or insurer, and
upon payment of an agreed price as a claim settlement to any insured or
claimant owner for the purchase of the vehicle, the insurance company or
the insurer shall receive the certificate of title and the vehicle except that an
insured or claimant owner may choose to retain possession of a
cosmetically damaged vehicle, as provided in subdivision (2) of this
subsection. The term "total loss" means a motor vehicle which has
sustained damages equivalent to seventy-five percent or more of the market
value as determined by a nationally accepted used car value guide. The
insurance company or insurer shall within ten days determine if the vehicle
is repairable, cosmetically damaged or nonrepairable and surrender the
certificate of title and a copy of the claim settlement to the division of
motor vehicles. If the insurance company or insurer determines that the
vehicle is repairable, the division shall issue a "salvage certificate", on a
form prescribed by the commissioner, in the name of the insurance
company or the insurer. The certificate shall contain on the reverse thereof
spaces for one successive assignment before a new certificate at an
additional fee is required.
(1) Upon the sale of the vehicle the insurance company or insurer shall
endorse the assignment of ownership on the salvage certificate and deliver
it to the purchaser. The vehicle shall not be titled or registered for operation
on the streets or highways of this state unless there is compliance with
subsection (c) of this section. The division shall charge a fee of fifteen
dollars for each salvage title issued.
(2) If the insurance company or insurer determines the damage to a
totaled vehicle is exclusively cosmetic and no repair is necessary in order to
legally and safely operate the motor vehicle on the roads and highways of
this state, the insurance company or insurer shall upon payment of the
claim settlement submit the certificate of title to the division.
(A) The division shall, without further inspection, issue a title branded
"cosmetic total loss" to the insured or claimant owner if the insured or
claimant owner wishes to retain possession of the vehicle, in lieu of a
"salvage certificate." A fee of five dollars shall be charged for each
"cosmetic total loss" title issued. The terms "cosmetically damaged" and
"cosmetic total loss" do not include any vehicle which has been damaged
by flood or fire. The designation "cosmetic total loss" on a title cannot be
changed.
(B) If the insured or claimant owner elects not to take possession of the
vehicle and the insurance company or insurer retains possession, the
division shall issue a cosmetic total loss salvage certificate to the insurance
company or insurer. The division shall charge a fee of fifteen dollars for
each cosmetic total loss salvage certificate issued. The division shall, upon
surrender of the cosmetic total loss salvage certificate issued under the
provisions of this paragraph, and payment of the five percent privilege tax
on the fair market value of the vehicle as determined by the commissioner,
issue a title branded "cosmetic total loss" without further inspection.
(3) If the insurance company or insurer determines that the damage to a
totaled vehicle renders it nonrepairable, incapable of safe operation for use
on roads and highways and which has no resale value except as a source of
parts or scrap, the insurance company or vehicle owner shall request that
the division issue a nonrepairable motor vehicle certificate in lieu of a
salvage certificate. The division shall issue a nonrepairable motor vehicle
certificate without charge.
(b) [intentionally omitted]
(c) [intentionally omitted]
(d) The owner or title holder of any motor vehicle titled in this state
which has previously been branded in this state or another state as
"salvage," "reconstructed," "cosmetic total loss," "cosmetic total loss
salvage," "flood" or "fire" or an equivalent term under another state's laws
shall, upon becoming aware of the brand, apply for and receive a title from
the division of motor vehicles on which the brand "reconstructed,"
"salvage," "cosmetic total loss" "cosmetic total loss salvage," "flood" or
"fire" is shown. A fee of five dollars will be charged for each title so issued.
(e) If application is made for title to a motor vehicle, the title to which
has previously been branded "reconstructed," "salvage," "cosmetic total
loss," "cosmetic total loss salvage," "flood" or "fire" by the division of
motor vehicles under this section and said application is accompanied by a
title from another state which does not carry the brand, the division shall,
before issuing the title, affix the brand "reconstructed," "cosmetic total
loss," "cosmetic total loss salvage," "flood" or "fire" to the title. The
privilege tax paid on a motor vehicle titled as "reconstructed" "cosmetic
total loss," "flood" or "fire" under the provisions of this section shall be
based on fifty percent of the fair market value of the vehicle as determined
by a nationally accepted used car value guide to be used by the
commissioner.
(f) The division shall charge a fee of fifteen dollars for the issuance of
each salvage certificate or cosmetic total loss salvage certificate but shall
not require the payment of the five percent privilege tax. However, upon
application for a certificate of title for a reconstructed, cosmetic total loss,
flood or fire damaged vehicle, the division shall collect the five percent
privilege tax on the fair market value of the vehicle as determined by the
commissioner unless the applicant is otherwise exempt from the payment of
such privilege tax. A wrecker/dismantler/rebuilder is exempt from the five
percent privilege tax upon titling a reconstructed vehicle. [remainder
intentionally omitted]
(g) A certificate of title issued by the division for a reconstructed vehicle
shall contain markings in bold print on the face of the title that it is for a
reconstructed, flood or fire damaged vehicle.
NOTE: Fee schedule has changed from above information. See local DMV for
actual fees. back to top
What documents must an insurer provide to Copart in order to sell a
vehicle on a Salvage 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 or accompanied by a power of attorney), an odometer disclosure
statement, a release of any liens, and an ACV.
Copart will submit these documents along with a Salvage Certificate Application
(SV-1) and the appropriate fee to the Division of Motor Vehicles for processing.
[Note: Although West Virginia Code § 17A-4-10(a) requires that a copy of the
claim settlement be sent to the Division of Motor Vehicles, the Division of Motor
Vehicles does not enforce this rule.]
Thereafter, the Division of Motor Vehicles shall issue a Salvage 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 Salvage Certificate of Title to the purchaser.
[West Virginia Code § 17A-4-10] back to top
What documents must an insurer provide to Copart in order to sell a
vehicle on a Salvage Certificate of Title branded "Flood Damage"?
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 power of attorney), an odometer disclosure
statement, a release of any liens, and an ACV.
Copart will submit these documents along with a Salvage Certificate Application
(SV-1) and the appropriate fee to the Division of Motor Vehicles for processing.
[Note: Although West Virginia Code § 17A-4-10(a) requires that a copy of the
claim settlement be sent to the Division of Motor Vehicles, the Division of Motor
Vehicles does not enforce this rule.]
Thereafter, the Division of Motor Vehicles shall issue a Salvage Certificate of
Title branded "Flood Damage" 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 Certificate of Title branded "Flood
Damage" to the purchaser.
What documents must an insurer provide to Copart in order to sell a
vehicle on a Salvage Certificate of Title branded "Fire Damage"?
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 power of attorney), an odometer disclosure
statement, a release of any liens, and an ACV.
Copart will submit these documents along with a Salvage Certificate Application
(SV-1) and the appropriate fee to the Division of Motor Vehicles for processing.
[Note: Although West Virginia Code § 17A-4-10(a) requires that a copy of the
claim settlement be sent to the Division of Motor Vehicles, the Division of Motor
Vehicles does not enforce this rule.]
Thereafter, the Division of Motor Vehicles shall issue a Salvage Certificate of
Title branded "Fire Damage" 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 Certificate of Title branded "Fire
Damage" to the purchaser.
What documents must an insurer provide to Copart in order to obtain
a Cosmetic Total Loss Certificate of Title in the name of the insured (if
the insured retains possession of the vehicle)?
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 power of attorney), an odometer disclosure
statement, a release of any liens, and an ACV.
Copart will submit these documents along with a Cosmetic Total Loss Certificate
of Title Application (SV-5) and the appropriate fee to the Division of Motor
Vehicles for processing. [Note: Although West Virginia Code § 17A-4-10(a)
requires that a copy of the claim settlement be sent to the Division of Motor
Vehicles, the Division of Motor Vehicles does not enforce this rule.]
Thereafter, the Division of Motor Vehicles shall issue a Cosmetic Total Loss
Certificate of Title in the name of the insured. This Cosmetic Total Loss
Certificate of Title will be returned directly to the insured.
What documents must an insurer provide to Copart in order to sell a
vehicle on a Cosmetic Total Loss Salvage Certificate of Title (if
insurance company keeps the vehicle)?
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 power of attorney), an odometer disclosure
statement, a release of any liens, and an ACV.
Copart will submit these documents along with a Salvage Certificate Application
requesting a Cosmetic Total Loss Salvage Certificate of Title (SV-1) and the
appropriate fee to the Division of Motor Vehicles for processing. [Note: Although
West Virginia Code § 17A-4-10(a) requires that a copy of the claim settlement be
sent to the Division of Motor Vehicles, the Division of Motor Vehicles does not
enforce this rule.]
Thereafter, the Division of Motor Vehicles shall issue a Cosmetic Total Loss
Salvage 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 Cosmetic Total Loss Salvage Certificate of
Title to the purchaser.
What documents must an insurer provide to Copart in order to sell a
vehicle on Nonrepairable Motor Vehicle Certificate?
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 power of attorney), an odometer disclosure
statement, a release of any liens, and an ACV.
Copart will submit these documents along with a Salvage Certificate Application
requesting a Nonrepairable Motor Vehicle Certificate (SV-1) and the appropriate
fee to the Division of Motor Vehicles for processing. [Note: Although West
Virginia Code § 17A-4-10(a) requires that a copy of the claim settlement be sent
to the Division of Motor Vehicles, the Division of Motor Vehicles does not
enforce this rule.]
Thereafter, the Division of Motor Vehicles shall issue a Nonrepairable Motor
Vehicle Certificate 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 Nonrepairable Motor Vehicle Certificate to
the purchaser.
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 power of
attorney), an odometer disclosure statement, a release of any liens, and a police
report.
After receipt of these documents, Copart will submit these documents along with a
cover letter requesting a Certificate of Title in the insurance company’s name
stamped "Unrecovered Theft" and the appropriate fee to the Division of Motor
Vehicles for processing. [Note: Although West Virginia Code § 17A-4-10(a)
requires that a copy of the claim settlement be sent to the Division of Motor
Vehicles, the Division of Motor Vehicles does not enforce this rule.]
Thereafter, the Division of Motor Vehicles shall issue a Certificate of Title in the
insurance company’s name stamped Unrecovered Theft. Upon receipt, Copart
will forward the Certificate of Title to the insurer for safekeeping.
If the vehicle is recovered, the Certificate of Title and a notarized letter on
insurance company letterhead requesting the appropriate title depending upon the
damage along with an ACV will be returned to Copart by the insurer in order to
obtain the appropriate title depending upon the damage to the vehicle.
Copart, acting upon a power of attorney for the insurer, will then sell the vehicle at
auction and reassign the insurer’s appropriate Certificate of Title to the purchaser.
What legal duties are imposed upon a lienholder following satisfaction
of the lien?
Pursuant to West Virginia Code § 17A-4A-7:
An owner upon securing the release of any lien or encumbrance upon a
vehicle shown upon the certificate of title issued therefor may exhibit the
document evidencing such release, signed by the person or persons making
the release and acknowledged before a notary public or someone authorized
by the laws of this state to take acknowledgments of deeds, and this
document together with the certificate of title shall be returned to the
division; or the lienholder may release the lien by endorsing across the lien
in his or her favor on the face of the title or closely adjacent thereto the
following words or words of similar effect or purport: "This lien, this day
fully paid, satisfied and released, this ....... day of ..........," and duly signing
and executing said endorsement and acknowledging the same before a
notary public and having the notary public execute a certificate of the
acknowledgment in the form required for releasing deeds of trust in this
state; or when it is impossible to secure either such release from the
beneficiary or holder of the lien, the owner may exhibit to the division
whatever evidence may be available showing that the debt secured has been
satisfied, together with a statement by the owner under oath that the debt
has been paid and the certificate of title to such vehicle. The division when
satisfied as to the genuineness and regularity thereof shall issue to the
owner either a new certificate of title in proper form or an endorsement or
rider showing the release of the lien or encumbrance which the division
shall attach to the outstanding certificate of title. For the purposes of this
article, the term release shall mean either an electronic or paper transaction
format.
Pursuant to West Virginia Code § 17A-4A-8:
It shall be unlawful and constitute a misdemeanor for a lienor who holds a
certificate of title either electronically or in a paper format as provided in
this article to refuse or fail to execute a release as provided for in the next
preceding section, or to refuse or fail to surrender the certificate of title to
the person legally entitled thereto within fifteen days after the lien shall
have been paid and satisfied. back to top
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