Sec. 14-16c. Insurance companies', persons', firms' or corporations' duties re totalled vehicles and certificates of title. Operation and inspection of totalled vehicles. Regulations.
Sec. 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 which 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
which 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. (B) Any
insurance company which 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.
(2) (A) Any person, firm or corporation which 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 which 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 which 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 which 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. (B) Any person, firm or corporation
which 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" shall have 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 which
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) 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."
(d) No motor vehicle for which a copy 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.
(e) 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.
(f) No insurance company and no firm or corporation which 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 which 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
which 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.
(g) The Commissioner of Motor Vehicles shall adopt regulations, in accordance
with the provisions of chapter 54, to implement the provisions of this section.
(P.A. 80-292, S. 11; P.A. 81-172, S. 2; 81-174, S. 1, 5; P.A. 83-290; P.A. 84-359, S. 1; P.A. 85-237; P.A. 89-244, S.
3; P.A. 93-272, S. 1; P.A. 94-188, S. 26; May 25 Sp. Sess. P.A. 94-1, S. 70, 130; P.A. 95-260, S. 6, 24; P.A. 99-268, S.
15; P.A. 00-169, S. 22; P.A. 03-265, S. 8; P.A. 04-143, S. 18.)
History: P.A. 81-172 reduced the required height of the word "salvage" required to be stamped on certificates of title
under Subsec. (a) from two inches to one inch and imposed length restriction; P.A. 81-174 provided that the original of
the stamped certificate be given to the subsequent purchaser of the totalled motor vehicle and that the copy of the certificate
be sent to the department of motor vehicles and changed required wording of title in Subsec. (c); P.A. 83-290 required that
self-insured persons, firms or corporations which own totalled motor vehicles stamp "SALVAGE" on the title certificate,
that persons, firms or corporations insured other than by means of self-insurance send the vehicle's title certificate to its
insurer, which shall stamp "SALVAGE" on the certificate and return it to such owner, and that the person or entity
responsible for stamping "SALVAGE" stamp a warning on the title certificate; P.A. 84-359 amended Subsec. (a) to require
forwarding of title to company paying totalled claim, amended Subsec. (d), requiring the original certificate of title, rather
than a copy, to be presented at time of inspection and inserted new language as Subsec. (e), prohibiting insurance companies
and firms or corporations which are self-insurers from selling totalled or salvaged motor vehicles or parts to anyone not
licensed as a dealer, repairer or junk yard or junk business, relettering former Subsec. (e) as (f); P.A. 85-237 inserted new
Subsec. (e) exempting certain vehicles declared a total loss in settlement for a theft claim from stamping of title certificate
and relettered former Subsecs. (e) and (f) accordingly; P.A. 89-244 amended Subsec. (d) to permit licensed motor vehicle
dealers or repairers to operate totalled and subsequently rebuilt motor vehicles they own on any highway for purpose of
presenting vehicles for inspection under Sec. 14-103a; P.A. 93-272 amended Subsec. (a)(1) by providing that if the insurance
company determines that the motor vehicle has ten or more major component parts that are damaged beyond repair and
must be replaced, the certificate of title must be stamped with the words "SALVAGE PARTS ONLY", amended Subsec.
(a)(2) by providing that self-insurers and any other person, firm or corporation which is insured other than by means of
self-insurance must stamp the certificate of title with the words "SALVAGE PARTS ONLY" if the motor vehicle has ten
or more major component parts which are damaged beyond repair and must be replaced, added a new Subsec. (a)(3) listing
what parts constitute "major component parts", amended Subsec. (e) by providing that the value of motor vehicle shall be
"determined in accordance with the provisions of section 38a-353" rather than as "stated in the National Automobile
Dealers Association Used Car Guide, Eastern Edition" and amended Subsec. (f) to prohibit new or used car dealers who
hold auction permits pursuant to Sec. 14-65 from selling totalled or salvaged motor vehicles with certificates of title stamped
"SALVAGE PARTS ONLY" to anyone other than a motor vehicle junk yard, motor vehicle junk business or intermediate
processor; P.A. 94-188 amended Subsec. (e) to include vehicles having no damage to a major component part; May 25
Sp. Sess. P.A. 94-1 amended Subsec. (a) by making technical change, effective July 1, 1994; P.A. 95-260 amended Subsec.
(f) to prohibit a new or used car dealer who holds an auction permit from selling any motor vehicle with ten or more major
component parts damaged beyond repair and in need of replacement to any person, firm or corporation not licensed under
subpart. (H) of part III of this chapter or under a similar provision of law of another state; P.A. 99-268 redefined "major
component parts" in Subsec. (a)(3) to have the same meaning as provided in Sec. 14-149a(a)(2); P.A. 00-169 revised
effective date of P.A. 99-268 but without affecting this section; (Revisor's note: In 2003 the references in Subsec. (f) to
"subdivisions (D) or (H)" and "subdivision (H)" were changed editorially by the Revisors to "subparts (D) or (H)" and
"subpart (H)", respectively, for clarity of reference); P.A. 03-265 amended Subsecs. (a)(1) and (a)(2) by, in both cases,
designating existing provisions as Subpara. (A), adding requirement that motor vehicle be offered for sale in this state for
provisions of subparagraph to apply, adding requirement that copy of appraiser's damage report be attached to certificate
of title and adding Subpara. (B) re requirements where certificate of title issued in another state, amended Subsec. (b) to
include insurance company "or its agent", to require that copy of appraiser's damage report be attached to certificate of
title given to subsequent purchaser of motor vehicle declared a total loss from insurance company or agent, to change
"must" to "shall" re recording of purchaser's name and address on original and copy of certificate, and to require that name
and address be recorded on certificate "as provided on the certificate", and amended Subsec. (f) to make subsection
applicable to sale "or transfer" and to make a technical change, effective January 1, 2004; P.A. 04-143 made a technical
change in Subsec. (g), effective May 21, 2004.
See Sec. 38a-356 re insurance companies' duty to release information relative to investigations concerning a motor
vehicle's loss or potential loss.
Cited. 231 C. 707.