Connecticut General Statutes 14-16c – Insurance companies’, persons’, firms’ or corporations’ duties re totalled vehicles and certificates of title. Operation and inspection of totalled vehicles. Regulations
(a)(1)(A) Any insurance company that takes possession of a motor vehicle for which a certificate of title has been issued in this state, that has been declared a total loss and that is offered for sale in this state by such insurance company or its agent as a result of the settlement of a claim for damage or theft, shall stamp the word “SALVAGE” in one-inch-high letters not to exceed three inches in length on the vehicle’s certificate of title and shall attach to such certificate of title a copy of the appraiser’s damage report for such totalled motor vehicle, except that if the insurance company determines that such motor vehicle has ten or more major component parts that are damaged beyond repair and must be replaced, the insurance company shall stamp the words “SALVAGE PARTS ONLY” in one-inch-high letters not to exceed three inches in length on the vehicle’s certificate of title. A copy of such certificate shall be sent by the insurance company to the Department of Motor Vehicles. If the Commissioner of Motor Vehicles determines that salvage information required to be reported by an insurance company to the National Motor Vehicle Title Information System under 49 USC Sections 30501 to 30505, inclusive, and 28 CFR Sections 25.51 to 25.57, inclusive, is available to the department on a regular basis from the National Motor Vehicle Title Information System, the commissioner may discontinue the requirement that an insurance company submit a copy of such certificate to the department. (B) Any insurance company that takes possession of a motor vehicle for which a certificate of title has been issued in any state other than this state that has been declared a total loss and that is offered for sale in this state by such insurance company or its agent as a result of the settlement of a claim for damage or theft, shall attach to such certificate of title a copy of the appraiser’s damage report for such totalled motor vehicle.
Terms Used In Connecticut General Statutes 14-16c
- Appraisal: A determination of property value.
- Commissioner: includes the Commissioner of Motor Vehicles and any assistant to the Commissioner of Motor Vehicles who is designated and authorized by, and who is acting for, the Commissioner of Motor Vehicles under a designation. See Connecticut General Statutes 14-1
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Dealer: includes any person actively engaged in buying, selling or exchanging motor vehicles or trailers who has an established place of business in this state and who may, incidental to such business, repair motor vehicles or trailers, or cause them to be repaired by persons in his or her employ. See Connecticut General Statutes 14-1
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Highway: includes any state or other public highway, road, street, avenue, alley, driveway, parkway, place or dedicated roadway for bus rapid transit service, under the control of the state or any political subdivision of the state, dedicated, appropriated or opened to public travel or other use. See Connecticut General Statutes 14-1
- Motor vehicle: means any vehicle propelled or drawn by any nonmuscular power, except aircraft, motor boats, road rollers, baggage trucks used about railroad stations or other mass transit facilities, electric battery-operated wheel chairs when operated by persons with physical disabilities at speeds not exceeding fifteen miles per hour, golf carts operated on highways solely for the purpose of crossing from one part of the golf course to another, golf-cart-type vehicles operated on roads or highways on the grounds of state institutions by state employees, agricultural tractors, farm implements, such vehicles as run only on rails or tracks, self-propelled snow plows, snow blowers and lawn mowers, when used for the purposes for which they were designed and operated at speeds not exceeding four miles per hour, whether or not the operator rides on or walks behind such equipment, motor-driven cycles, as defined in section 14-286, special mobile equipment, as defined in section 14-165, mini-motorcycles, as defined in section 14-289j, electric bicycles, electric foot scooters and any other vehicle not suitable for operation on a highway. See Connecticut General Statutes 14-1
- Owner: means any person holding title to a motor vehicle, or having the legal right to register the same, including purchasers under conditional bills of sale. See Connecticut General Statutes 14-1
- Person: includes any individual, corporation, limited liability company, association, copartnership, company, firm, business trust or other aggregation of individuals but does not include the state or any political subdivision thereof, unless the context clearly states or requires. See Connecticut General Statutes 14-1
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- State: means any state of the United States and the District of Columbia unless the context indicates a more specific reference to the state of Connecticut. See Connecticut General Statutes 14-1
- Vehicle: includes any device suitable for the conveyance, drawing or other transportation of persons or property, whether operated on wheels, runners, a cushion of air or by any other means. See Connecticut General Statutes 14-1
(2) (A) Any person, firm or corporation that is a self-insurer and owns a motor vehicle for which a certificate of title has been issued in this state, that has been declared a total loss and that is offered for sale in this state by such self-insurer or its agent, shall stamp the word “SALVAGE” in one-inch-high letters not to exceed three inches in length on the vehicle’s certificate of title and shall attach to such certificate of title a copy of the appraiser’s damage report for such totalled motor vehicle, except that if such self-insurer determines that such motor vehicle has ten or more major component parts that are damaged beyond repair and must be replaced, the self-insurer shall stamp the words “SALVAGE PARTS ONLY” in one-inch-high letters not to exceed three inches in length on the motor vehicle’s certificate of title. Any person, firm or corporation that is insured other than by means of self-insurance and owns such a motor vehicle, shall forward the vehicle’s certificate of title to the company insuring such vehicle or the company paying the totalled claim. Such insurer shall stamp the word “SALVAGE” in one-inch-high letters not to exceed three inches in length on the certificate of title except that if the insurance company determines that such motor vehicle has ten or more major component parts that are damaged beyond repair and must be replaced, the insurer taking possession of such motor vehicle shall stamp the words “SALVAGE PARTS ONLY” in one-inch-high letters not to exceed three inches in length on the motor vehicle’s certificate of title and shall return such certificate to such person, firm or corporation. A copy of such certificate shall be sent by the person, firm or corporation to the Department of Motor Vehicles. If the Commissioner of Motor Vehicles determines that salvage information required to be reported by a self-insurer to the National Motor Vehicle Title Information System under 49 USC Sections 30501 to 30505, inclusive, and 28 CFR Sections 25.51 to 25.57, inclusive, is available to the department on a regular basis from the National Motor Vehicle Title Information System, the commissioner may discontinue the requirement that a self-insurer submit a copy of such certificate to the department. (B) Any person, firm or corporation that is a self-insurer and owns a motor vehicle for which a certificate of title has been issued in any state other than this state that has been declared a total loss and that is offered for sale in this state by such self-insurer or its agent, shall attach to such certificate of title a copy of the appraiser’s damage report for such totalled motor vehicle.
(3) For purposes of this subsection, “major component part” has the same meaning as provided in subdivision (2) of subsection (a) of section 14-149a.
(b) Any insurance company or its agent taking possession of a motor vehicle in accordance with subsection (a) of this section or any person, firm or corporation that owns such motor vehicle shall copy the certificate and give the original of such certificate, with a copy of the appraiser’s damage report attached thereto, to any subsequent purchaser of the motor vehicle that has been declared a total loss. The name and address of any such purchaser shall be recorded on the original and the copy, as provided on the certificate. The copy shall serve only as a record of transfers of the total loss motor vehicle.
(c) Any insurance company that takes possession of a motor vehicle for which a certificate of title has been issued in this state, as a result of a full settlement of a claim for damage or theft, but is unable to obtain the title to the vehicle from the insured or any lienholder of record for the vehicle may apply to the department for a certificate of title, SALVAGE title or SALVAGE-PARTS ONLY title, as described in subsection (a) of this section. The application for a certificate of title pursuant to this subsection shall (1) be on a form prescribed by the commissioner, (2) include documents as required by the commissioner in lieu of the documents required under subsection (a) of this section, and (3) include evidence satisfactory to the commissioner that the insurance company (A) provided at least two notices by certified mail, return receipt requested, to the insured and any lienholder of record for the vehicle indicating the insurance company’s intention to apply for a certificate of title as the owner of the vehicle, and (B) made payment to the insured or any lienholder of record in full settlement of the claim involving the vehicle. The commissioner may issue a certificate of title pursuant to this subsection only in the name of the insurance company not earlier than thirty days after the date of the payment described in subparagraph (B) of subdivision (3) of this section is made.
(d) The person, firm, company or corporation required to stamp “SALVAGE” on the certificate of title shall stamp the following statement on the face of any original or copy of such certificate issued in accordance with this section: “WARNING: ALL PURCHASERS OF THE MOTOR VEHICLE DESCRIBED HEREIN MUST RECORD THEIR NAME AND ADDRESS ON THE REVERSE SIDE. THIS VEHICLE CANNOT BE REGISTERED OR RETITLED WITHOUT PASSING INSPECTION UNDER SECTION 14-103a. THIS DOCUMENT MUST BE SUBMITTED AT THE TIME OF INSPECTION.”
(e) No motor vehicle for which a copy of a certificate of title has been made in accordance with this section may be operated upon any highway in this state, except that an owner of any such motor vehicle who is a motor vehicle dealer or repairer licensed under the provisions of section 14-52 may operate such vehicle for the purpose of presenting the vehicle for inspection pursuant to section 14-103a. If such vehicle fails to comply with the minimum standards, it shall be transported from the site of such inspection. If any such motor vehicle is rebuilt for sale or use, the owner shall apply to the Commissioner of Motor Vehicles for an original certificate of title and present the vehicle for inspection pursuant to section 14-103a. The certificate of title issued in accordance with this section must be presented at the time of inspection, unless waived by the commissioner for good cause.
(f) Notwithstanding the provisions of this section, a motor vehicle for which a certificate of title has been issued in this state, that has been declared a total loss in settlement of a claim for theft, having no damage to a major component part or having damage not exceeding (1) fifteen per cent of the retail value of such motor vehicle, as determined in accordance with the provisions of section 38a-353, or (2) one thousand dollars as evidenced by an insurance adjuster’s damage appraisal report, shall not be required to have its certificate of title stamped in accordance with the provisions of this section provided proof of such damage or lack of damage to a major component part, is attached to such certificate.
(g) No insurance company and no firm or corporation that is a self-insurer may sell or transfer any totalled or salvaged motor vehicle, major component parts or any other parts of a motor vehicle to any person, firm or corporation that is not licensed under the provisions of subparts (D) or (H) of part III of this chapter. No person, firm or corporation licensed as a new or used car dealer who holds a permit pursuant to the provisions of section 14-65 may sell or transfer any totalled or salvaged motor vehicle with a certificate of title stamped “SALVAGE PARTS ONLY” or any motor vehicle that has ten or more major component parts damaged beyond repair and in need of replacement to any person, firm or corporation which is not licensed under the provisions of subpart (H) of this part or under a similar provision of law of any other state. Any sale or transfer in violation of the provisions of this section shall constitute an unfair method of competition and an unfair or deceptive act or practice, as defined by section 42-110b.
(h) Notwithstanding the provisions of section 1-350b and the requirements of section 1-350d that a signature on a power of attorney executed in this state be witnessed by two witnesses and acknowledged by a notary public, a commissioner of the Superior Court or other individual authorized by law to take acknowledgments, a power of attorney used to support an application for or transfer of a certificate of title by an insurance company or its agent shall only require the signature or electronic signature of the insured who has received or is to receive a total loss settlement of a claim for damage or theft from the insurance company.
(i) The Commissioner of Motor Vehicles may adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this section.