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?
(a) As used in W.S. 31-2-106 through 31-2-110:
(i) "Flood vehicle" means any motor vehicle that has been submerged in water to
the point that rising water has reached over the door sill and has entered into the
passenger or trunk compartment of the vehicle and the actual dollar amount of the
damage would not cause the vehicle to be titled as a salvage vehicle. Disclosure
that a motor vehicle has become a flood vehicle shall be made at the time of
transfer of ownership and the next certificate of title issued after the transfer shall
be branded with the word "flood";
(ii) "Certificate of title, branded salvage" means a motor vehicle ownership
document issued in this state to the owner of a salvage vehicle conspicuously
branded with the word "salvage" across the front of the certificate;
(iii) "Rebuilt title" means the certificate of title issued in this state to the owner of
a rebuilt salvage vehicle conspicuously branded "rebuilt" across the front of the
certificate of title;
(iv) "Rebuilt salvage vehicle" means any motor vehicle which was previously
issued a certificate of title branded "salvage" and has a decal stating "rebuilt
salvage vehicle" affixed as required by W.S. 31-2-108(d);
(v) "Salvage vehicle" means any motor vehicle which has been wrecked,
destroyed or damaged to the extent that it has been declared a total loss by the
insurance company or, in the event an insurance company is not involved in the
settlement of the claim, the total estimated or actual cost of parts and labor to
rebuild or reconstruct the motor vehicle to its pre-accident condition exceeds
seventy-five percent (75% ) of the actual retail cash value of the motor vehicle, as
set forth in the most current edition of any nationally recognized automotive
appraisal guide or other source approved by the Wyoming insurance department.
The value of repair parts for purposes of this paragraph shall be determined by
using the current cost of the repair parts to be used in the repair. The labor cost of
repairs for purposes of this paragraph shall be computed by using the hourly labor
rate and time allocations that are reasonable and customary in the automobile
repair industry in the community where the repairs are to be performed.
[Wyoming Statutes § 31-2-106]
(a) When a motor vehicle is declared a total loss by the insurance company or, in
the event an insurance company is not involved in the settlement of the claim,
sustains damage in an amount exceeding seventy-five percent (75%) of its actual
retail cash value, as set forth in any current edition of a nationally recognized
automotive appraisal guide or other source approved by the Wyoming insurance
department, the owner or insurance company, if it obtains ownership of the vehicle
through transfer of title as a result of a settlement of an insurance claim, shall
forward the properly endorsed certificate of title to the office of the county clerk
that issued the certificate of title together with an application for a certificate of
title branded salvage and payment of the fee required under W.S. 31-2-102(a)(vii)
[§ 31-3-102(a)(vii)] to obtain a properly branded certificate of title. When any
vehicle accident report is required under chapter 5, article 11 of this title [§ 31-5-
1101 et seq.], the investigating officer shall provide written notice to the owner or
operator of the vehicle of the requirements under this section.
(b) Upon receipt of a certificate of title under subsection (a) of this section, the
county clerk shall issue a certificate of title branded "salvage" to the legal owner.
(c) If the damaged vehicle is rebuilt and the owner is issued a certificate of title
branded "rebuilt", the owner shall register the vehicle as required under W.S. 31-2-
201, unless the owner is a licensed vehicle dealer under chapter 16 of this title and
the vehicle was rebuilt for resale to the public. If the person registering the rebuilt
vehicle is the person under whose name the vehicle was previously registered and
the annual registration year for the vehicle prior to being damaged has not expired
at the time of application under this section, a credit shall be issued for the
remainder of the current annual registration year for the vehicle to be applied
against any registration fees due for registration of the vehicle for the same period.
(d) This section shall not apply to motor vehicles with more than eight (8) years of
service.
(e) This section shall not apply to a commercial vehicle or a commercial vehicle
combination used, designed or maintained for transportation of persons for hire,
compensation or profit, or designed or used primarily for the transportation of
property for gain or profit including:
(i)A power unit having two (2) axles and a gross vehicle weight or registered
gross vehicle weight exceeding twenty-six thousand (26,000) pounds;
(ii) A power unit having three (3) or more axles regardless of weight, or which is
used in combination when the weight of the combination exceeds twenty-six
thousand (26,000) pounds gross vehicle weight.
(f) If the owner of a motor vehicle retains the vehicle upon a settlement with an
insurance company, and the vehicle has incurred damage requiring the vehicle to
be issued a certificate of title branded "nonrepairable" or "salvage", the owner
shall apply for the certificate of title in his own name with the applicable brand
displayed on the certificate of title before the vehicle is commercially repaired or
ownership of the vehicle is transferred.
(g) If an insurance company is not involved in a damage settlement involving a
salvage vehicle, the motor vehicle owner shall apply for a certificate of title
branded "salvage", before the vehicle is commercially repaired or ownership of the
vehicle is transferred.
(h) If a leased motor vehicle incurs damage requiring the vehicle to be issued a
certificate of title branded "salvage", the lessor shall apply for a properly branded
certificate of title after being notified by the lessee that the vehicle has been
damaged. The lessee of the vehicle shall inform the lessor that the leased vehicle
has been damaged within thirty (30) days after the occurrence of the damage.
(j) Any person acquiring ownership of a damaged motor vehicle that meets the
definition of a salvage vehicle for which a certificate of title branded "salvage" has
not been issued shall apply for a certificate of title before the vehicle is further
transferred.
(k) A seller of a motor vehicle that becomes a flood vehicle shall, at or prior to the
time of transfer of ownership, give the buyer a written notice that the vehicle is a
flood vehicle. At the time of the next application for certificate of title for the
vehicle, disclosure of the flood status shall be provided to the county clerk with
the properly assigned title and the word "flood" shall be conspicuously branded
across the front of the new title.
(m) In the case of a leased motor vehicle, the lessee, within thirty (30) days of the
occurrence of the event that caused the vehicle to become a flood vehicle, shall
give the lessor written disclosure that the vehicle is a flood vehicle.
[Wyoming Statutes § 31-2-107]
(a) For any motor vehicle, the ownership of which is transferred on or after
December 31, 2001, the certificate of title shall contain an appropriate notice
whenever records readily accessible to the state indicate that the motor vehicle was
previously issued a title that bore any word or symbol signifying that the vehicle
was "salvage", "unrebuildable", "parts only", "scrap", "junk", "nonrepairable",
"reconstructed", "rebuilt" or any other symbol or word of like kind, or that it has
been damaged by flood. Any information concerning a motor vehicle's status shall
also be conveyed on any subsequent title issued for the vehicle by this state,
including a duplicate or replacement title.
(b) The certificate of title and the rebuilt salvage decal stating "rebuilt salvage
vehicle" shall meet security standards minimizing the opportunity for fraud.
(c) A motor vehicle owner submitting an application for a rebuilt salvage vehicle
decal shall be required to provide a completed document approved by the
department identifying the vehicle's damage prior to being repaired, a copy of the
original certificate of title branded "salvage" and the name and address of the
person who repaired or rebuilt the vehicle. The owner shall also include an
affirmation that the information in the declaration is complete and accurate and, to
the knowledge of the declarant, no stolen parts were used during the rebuilding.
(d) After the owner of a motor vehicle for which a certificate of title branded
"salvage" has been issued, provides the information required under subsection (c)
of this section to the department, the department shall provide to the owner a
secure decal which shall comply with the permanency requirements of the
department, stating "rebuilt salvage vehicle". The owner shall apply the decal to
the driver's door jamb of the vehicle prior to having the vehicle inspected by a
Wyoming law enforcement officer for the vehicle identification number and to
ensure the decal has been properly affixed. On a motorcycle, the owner shall apply
the decal opposite the vehicle identification number on the fork crown in a manner
that does not obscure the vehicle identification number, prior to having the
motorcycle inspected by a Wyoming law enforcement officer for the vehicle
identification number and to ensure the decal has been properly affixed. The
owner shall pay the fee specified in W.S. 31-3-102(b) for the inspection.
(e) The owner of a motor vehicle for which a certificate of title branded "salvage"
has been issued may apply for a certificate of title branded "rebuilt" by presenting
to the county clerk the certificate of title, properly assigned, if applicable, together
with the department certificate signed by a Wyoming law enforcement officer who
has inspected the vehicle for the vehicle identification number and to ensure the
decal required under subsection (d) of this section has been properly affixed. Upon
proper application and payment of fees for a certificate of title as provided under
W.S. 31-3-102(a)(vii), a certificate of title branded "rebuilt" shall be issued to the
owner.
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 or accompanied by a power of attorney), an odometer disclosure
statement, and a release of any liens.
Copart will submit these documents along with an Application to the County Clerk
for Motor Vehicle Certificate of Title (MV-300A) and the appropriate fee to the
County Clerk for processing.
Thereafter, the County Clerk 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.
What documents must an insurer provide to Copart in order to sell a vehicle
on a Certificate of Title branded "Salvage"?
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 letter from insurance company stating
vehicle has been declared a total loss.
Copart will submit these documents along with an Application to County Clerk
Motor Vehicle Branded Certificate of Title (MV-300A) and the appropriate fee to
the County Clerk for processing.
Thereafter, the County Clerk shall issue a Certificate of Title branded "Salvage" 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 branded "Salvage" to the
purchaser.
[Wyoming Statutes § 31-2-106(a)(ii) & (v)] back to top
What documents must an insurer provide to Copart in order to sell a vehicle
on a Certificate of Title branded "Flood"?
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 letter from insurance company stating
vehicle has been declared a total loss as a result of flood.
Copart will submit these documents along with an Application to County Clerk
Motor Vehicle Branded Certificate of Title (MV-300A) and the appropriate fee to
the County Clerk for processing.
Thereafter, the County Clerk shall issue a Certificate of Title branded "Flood" 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 branded "Flood" 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 and recovered, the insurer shall provide Copart
with a 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 with last known mileage, a release of
any liens, and a letter from insurance company stating vehicle has been declared a
total loss as a result of theft.
After receipt of these documents, Copart will submit these documents along with
an Application to County Clerk Motor Vehicle Certificate of Title/Branded
Certificate of Title and the appropriate fee to the County Clerk for processing.
Thereafter, the County Clerk shall issue 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 Title to the purchaser.
What steps must an insurer take in Wyoming to process an owner-retained
vehicle?
If the owner of a motor vehicle retains the vehicle upon a settlement with an
insurance company, and the vehicle has incurred damage requiring the vehicle to
be issued a certificate of title branded "nonrepairable" or "salvage", the owner
shall apply for the certificate of title in his own name with the applicable brand
displayed on the certificate of title before the vehicle is commercially repaired or
ownership of the vehicle is transferred.
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