2021 -- S 0774 SUBSTITUTE A | |
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LC002585/SUB A | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2021 | |
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A N A C T | |
RELATING TO MOTOR AND OTHER VEHICLES -- RHODE ISLAND SALVAGE LAW | |
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Introduced By: Senator Louis P. DiPalma | |
Date Introduced: April 01, 2021 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 31-46-1 of the General Laws in Chapter 31-46 entitled "Rhode Island |
2 | Salvage Law" is hereby amended to read as follows: |
3 | 31-46-1. Duty of insurance company. |
4 | (a) Any insurance company taking possession of a motor vehicle for which a certificate of |
5 | title has been issued in this state, that has been declared a total loss because of damage to that |
6 | vehicle, in settlement of a claim for damage or theft shall within ten (10) days deliver to the division |
7 | of motor vehicles the certificate of title of that vehicle and obtain a salvage certificate of title for |
8 | that vehicle as prescribed for by the administrator of the division of motor vehicles. If the insurance |
9 | company is unable to obtain the certificate of title of the vehicle for more than thirty (30) days after |
10 | payment of the total loss claim on the vehicle, the insurance company or its agent may apply for |
11 | and obtain, free and clear of all liens and claims of ownership, a salvage certificate of title in the |
12 | insurance company's name without delivering the certificate of title to the division of motor |
13 | vehicles. Such application shall be accompanied by evidence that the insurance company has paid |
14 | a total loss claim on the vehicle and has attempted to obtain the certificate of title by sending at |
15 | least two (2) written attempts, sent by certified mail or by another commercially available delivery |
16 | service providing proof of delivery and addressed to the last known owner of the vehicle and any |
17 | known lienholders, at the address shown on the records of the appropriate registry, in the state in |
18 | which the vehicle is registered. |
19 | (b) If: |
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1 | (1) A motor vehicle dealer, the primary business of which is the sale of salvage motor |
2 | vehicles on behalf of insurance companies, is asked by an insurance company to take possession |
3 | of a motor vehicle for which a certificate of title has been issued in this state; |
4 | (2) The motor vehicle is the subject of an insurance claim; and |
5 | (3) Subsequently a total loss claim is not paid by the insurance company with respect to |
6 | such motor vehicle, the motor vehicle dealer may, if such motor vehicle has been abandoned at the |
7 | facility of the motor vehicle dealer for more than thirty (30) days, apply for and obtain, free and |
8 | clear of all liens and claims of ownership, a salvage certificate of title in such dealer's name without |
9 | surrendering the certificate of title to the division of motor vehicles. Such application shall be |
10 | accompanied by evidence that the motor vehicle dealer made at least two (2) written attempts, sent |
11 | by certified mail or by another commercially available delivery service providing proof of delivery |
12 | and addressed to the last known owner of the vehicle and any known lienholders, at the address |
13 | shown on the records of the appropriate registry, in the state in which the vehicle is registered, to |
14 | have the vehicle removed from the motor vehicle dealer's facility. In such application, the motor |
15 | vehicle dealer shall also classify the vehicle as Classification A or Classification B, as such |
16 | classifications are described in § 31-46-1.1. |
17 | SECTION 2. This act shall take effect upon passage. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO MOTOR AND OTHER VEHICLES -- RHODE ISLAND SALVAGE LAW | |
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1 | This act would provide that if an insurance company taking possession of a motor vehicle |
2 | that has been declared a total loss is unable to obtain a certificate of title for the vehicle, the |
3 | insurance company or its agent may, upon the satisfaction of certain conditions, apply for and |
4 | obtain, free and clear of all liens and claims of ownership, a salvage certificate of title in the |
5 | insurance company’s name without delivering the certificate of title to the division of motor |
6 | vehicles. |
7 | This act would take effect upon passage. |
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