AB 1901

Bill Subjects

Abstract

Existing law requires, if an insurance company makes a total loss settlement on a total loss salvage vehicle or a nonrepairable vehicle, the insurance company, an occupational licensee of the Department of Motor Vehicles (DMV) authorized by the insurance company, or a salvage pool authorized by the insurance company to, within 10 days from the settlement of the loss, forward the properly endorsed certificate of ownership or other evidence of ownership acceptable to the DMV, the license plates, and a fee, to the DMV, except as specified, and requires the DMV, upon receipt of those required items, to issue a salvage certificate or a nonrepairable vehicle certificate for the vehicle. A violation of the Vehicle Code is an infraction. This bill would, if an insurance company requests a salvage pool or an occupational licensee to take possession of a vehicle that is the subject of a total loss claim, and, subsequently, the insurance company does not take ownership of the vehicle, authorize the insurance company to direct the salvage pool or occupational licensee to release the vehicle to the registered and legal owner or lienholder of the vehicle after notice from the insurance company authorizing the release. The bill would require the salvage pool or occupational licensee to send 2 notices to the registered and legal owner and any lienholder of the vehicle informing them that they have 30 days from the date of mailing of the first notice and 14 days from the date of mailing of the 2nd notice, and that they have the right to contact the salvage pool or occupational licensee of the department regarding their intent to pick up the vehicle in order to receive an additional 30 days from the date of contact, to pick up the vehicle from the salvage pool or occupational licensee before the vehicle is deemed abandoned. If the registered and legal owner or any lienholder of the vehicle does not pick up the vehicle in those timelines, the bill would require the vehicle to be deemed abandoned and would require the vehicle's certificate of title to be deemed to be assigned to the salvage pool or occupational licensee of the department. The bill would authorize the salvage pool or occupational licensee to request on a form signed under penalty of perjury that the DMV issue a salvage certificate or nonrepairable vehicle certificate for the vehicle, as specified, and would require the DMV to issue the certificate. By creating a new infraction and expanding the scope of the crime of perjury, this bill would impose a state-mandated local program. Existing law requires, whenever a salvage pool acquires a total loss salvage vehicle, a nonrepairable vehicle, or a recovered stolen vehicle and the vehicle license plates have not been removed pursuant to specified statutes, the salvage pool, prior to disposing of that vehicle, to remove and submit the license plates to the department. This bill would also require a salvage pool to remove and submit a vehicle's license plates to the department for a vehicle the salvage pool acquires through the provisions above and the license plates have not been removed. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.