2005 Idaho Code - 49-524 — SALVAGE CERTIFICATE OF OWNERSHIP TO REPLACE CERTIFICATE OF TITLE OR ORIGIN ON CERTAIN VEHICLES -- VESSELS NOT INCLUDED

                                  TITLE  49
                                MOTOR VEHICLES
                                  CHAPTER 5
                                VEHICLE TITLES
    49-524.  SALVAGE CERTIFICATE OF OWNERSHIP TO REPLACE CERTIFICATE OF TITLE
OR ORIGIN ON CERTAIN VEHICLES -- VESSELS NOT INCLUDED. (1) Every person
acquiring a vehicle which has been determined to be a salvage vehicle, shall
obtain a salvage certificate of ownership on that vehicle.
    (2)  The salvage certificate shall replace the certificate of origin,
certificate of title or other comparable ownership document and shall indicate
ownership only; it shall not be valid for registration purposes.
    (3)  A salvage certificate of ownership shall be issued by the department,
the insurer, or a salvage pool, and shall be on a form prescribed by the
department. The form shall provide for assignments of the salvage certificate.
    (4)  The fee for a salvage certificate shall be the same as for issuance
of any regular Idaho certificate of title. The fee shall be deposited in the
state highway account.
    (5)  Every insurer making payment for a vehicle which has been determined
to be a salvage vehicle, shall within thirty (30) days from receipt of the
properly released certificate of origin or certificate of title, issue a
salvage certificate to the purchaser and surrender to the department the
ownership documents, a copy of the salvage certificate, the salvage
certificate fee and other documents as required by the department for
processing. The department shall mark its records appropriately.
    (6)  If a salvage pool receives a certificate of title for a vehicle which
has been determined to be a salvage vehicle, he shall within thirty (30) days
and upon receipt of the properly released certificate of origin or certificate
of title, issue a salvage certificate to the purchaser and surrender to the
department the ownership documents, a copy of the salvage certificate, the
salvage certificate fee and other documents as required by the department for
processing. The department shall mark its records appropriately.
    (7)  It is a misdemeanor, punishable by up to six (6) months in jail, a
fine of one thousand dollars ($1,000) or both, if the owner of a retained
salvage vehicle fails  to surrender the title and be issued a salvage
certificate, or to sell the vehicle and not tell the buyer that the vehicle is
totaled.
    (8)  If an insurer has allowed the owner to retain ownership of the
salvage vehicle, the owner must surrender the certificate of title for such
vehicle to the department or the insurance company not later than fifteen (15)
days from the date that the claim was satisfied. The insurer must notify the
department of a total loss payoff. The insurer or department shall issue a
salvage certificate to the owner prior to any sale or disposition of the
salvage vehicle.
    (9)  If an insurer acquires the certificate of title of a vehicle in a
settlement of a theft claim, the insurer shall immediately, upon receipt of
the properly released certificate of origin or certificate of title, issue a
salvage certificate in the name of the insurer and surrender to the department
the ownership documents, a copy of the salvage certificate, the salvage
certificate fee and other documents as required by the department for
processing.
    (10) If an insurer has acquired a vehicle in a settlement of a theft
claim, has made application to and has been issued a new salvage certificate
in the name of the insurer and the vehicle is subsequently recovered and is
not a salvage vehicle, the insurer may complete an affidavit indemnifying the
department stating the facts of acquisition and disposition of the vehicle in
a form prescribed by the department and deliver the salvage certificate of
ownership, affidavit and any other documents required by the department to the
transferee at the time of delivery of the vehicle.
    (11) Any person acquiring ownership of a salvage vehicle purchased in a
state or jurisdiction which does not require surrender of the certificate of
title or comparable ownership document shall, within thirty (30) days
following delivery of the certificate of title or ownership document,
surrender such title or document to the department and apply for a salvage
certificate.
    (12) An owner of a salvage vehicle who sells or transfers said vehicle
shall provide a properly executed assignment of the salvage certificate of
ownership to the transferee.
    (13) A purchaser of a salvage vehicle shall not possess or retain a
salvage vehicle without a salvage certificate. The salvage vehicle purchaser
shall display the salvage certificate upon the request of any peace officer or
agent of the department.
    (14) The provisions of this section shall not apply to vessels.