§ 31-2-107 — Titles for damaged vehicles; return of certificate of title and registration for damaged vehicle; replacement title and registration

Wyoming § 31-2-107

• Jurisdiction: Wyoming
• Title 31: Motor Vehicles
• Ch. 2: TITLE AND REGISTRATION
• Art. 1: CERTIFICATES OF TITLE

Text

(a) When a motor vehicle is declared a total loss by the
insurance company or, in the event an insurance company is not
involved in the settlement of the claim, sustains damage in an
amount exceeding seventy-five percent (75%) of its actual retail
cash value, as set forth in any current edition of a nationally
recognized automotive appraisal guide or other source approved
by the Wyoming insurance department, the owner or insurance
company, if it obtains ownership of the vehicle through transfer
of title as a result of a settlement of an insurance claim,
shall forward the properly endorsed certificate of title to the
office of the county clerk that issued the certificate of title
together with an application for a certificate of title branded
salvage and payment of the fee required under W.S.
31-3-102(a)(vii) to obtain a properly branded certificate of
title. For purposes of this section, a certificate of title
endorsed by an electronic signature shall constitute a properly
endorsed certificate of title, which need not be notarized. When
any vehicle accident report is required under chapter 5, article
11 of this title, the investigating officer shall provide
written notice to the owner or operator of the vehicle of the
requirements under this section.
Note: Effective 7/1/2027 this subsection will read as:
(a) When a motor vehicle is declared a total loss by the
insurance company or, in the event an insurance company is not
involved in the settlement of the claim, sustains damage in an
amount exceeding seventy-five percent (75%) of its actual retail
cash value, as set forth in any current edition of a nationally
recognized automotive appraisal guide or other source approved
by the Wyoming insurance department, the owner or insurance
company, if it obtains ownership of the vehicle through transfer
of title as a result of a settlement of an insurance claim,
shall forward the properly endorsed certificate of title, either
to the office of the county clerk or electronically through the
electronic lien and title system established under W.S. 31-2-
113, to the office of the county clerk that issued the
certificate of title together with an electronic application,
submitted through the electronic lien and title system, for a
certificate of title branded salvage and payment of the fee
required under W.S. 31-3-102(a)(vii) to obtain a properly
branded certificate of title. The owner or insurance company may
request a paper certificate of title branded salvage from the
office of the county clerk. For purposes of this section, a
certificate of title endorsed by an electronic signature shall
constitute a properly endorsed certificate of title, which need
not be notarized. When any vehicle accident report is required
under chapter 5, article 11 of this title, the investigating
officer shall provide written notice to the owner or operator of
the vehicle of the requirements under this section.
(b) Upon receipt of a certificate of title under
subsection (a) of this section, the county clerk shall issue a
certificate of title branded "salvage" to the legal owner.
(c) Repealed by Laws 2009, Ch. 16, § 4.
(d) This section shall not apply to motor vehicles with
more than eight (8) years of service except any vehicle that was
previously issued a title from any state that bore any word or
symbol signifying that the vehicle was "salvage",
"unrebuildable", "parts only", "scrap", "junk", "nonrepairable",
"reconstructed", "rebuilt" or any other symbol or word of like
kind, or that it has been damaged by flood, shall obtain a
Wyoming title with the prior brand or any other information
concerning the motor vehicle status, carried forward on any
subsequent Wyoming title regardless of years of service.
(e) This section shall not apply to a commercial vehicle
or a commercial vehicle combination used, designed or maintained
for transportation of persons for hire, compensation or profit,
or designed or used primarily for the transportation of property
for gain or profit including:
(i) A power unit having two (2) axles and a gross
vehicle weight or registered gross vehicle weight exceeding
twenty-six thousand (26,000) pounds;
(ii) A power unit having three (3) or more axles
regardless of weight, or which is used in combination when the
weight of the combination exceeds twenty-six thousand (26,000)
pounds gross vehicle weight.
(f) If the owner of a motor vehicle retains the vehicle
upon a settlement with an insurance company, and the vehicle has
incurred damage requiring the vehicle to be issued a certificate
of title branded "nonrepairable" or "salvage", the owner shall
apply for the certificate of title in his own name with the
applicable brand displayed on the certificate of title before
the vehicle is commercially repaired or ownership of the vehicle
is transferred.
Note: Effective 7/1/2027 this subsection will read as:
(f) If the owner of a motor vehicle retains the vehicle
upon a settlement with an insurance company, and the vehicle has
incurred damage requiring the vehicle to be issued a certificate
of title branded "nonrepairable" or "salvage", the owner shall
apply for the certificate of title electronically through the
electronic lien and title system established under W.S. 31-2-113
or at the office of the county clerk in his own name with the
applicable brand displayed on the certificate of title before
the vehicle is commercially repaired or ownership of the vehicle
is transferred.
(g) If an insurance company is not involved in a damage
settlement involving a salvage vehicle, the motor vehicle owner
shall apply for a certificate of title branded "salvage", before
the vehicle is commercially repaired or ownership of the vehicle
is transferred.
Note: Effective 7/1/2027 this subsection will read as:
(g) If an insurance company is not involved in a damage
settlement involving a salvage vehicle, the motor vehicle owner
shall apply for a certificate of title branded "salvage"
electronically through the electronic lien and title system
established under W.S. 31-2-113 or at the office of the county
clerk before the vehicle is commercially repaired or ownership
of the vehicle is transferred.
(h) If a leased motor vehicle incurs damage requiring the
vehicle to be issued a certificate of title branded "salvage",
the lessor shall apply for a properly branded certificate of
title after being notified by the lessee that the vehicle has
been damaged. The lessee of the vehicle shall inform the lessor
that the leased vehicle has been damaged within thirty (30) days
after the occurrence of the damage.
Note: Effective 7/1/2027 this subsection will read as:
(h) If a leased motor vehicle incurs damage requiring the
vehicle to be issued a certificate of title branded "salvage",
the lessor shall apply for a properly branded certificate of
title electronically through the electronic lien and title
system established under W.S. 31-2-113 or at the office of the
county clerk after being notified by the lessee that the vehicle
has been damaged. The lessee of the vehicle shall inform the
lessor that the leased vehicle has been damaged within thirty
(30) days after the occurrence of the damage.
(j) Any person acquiring ownership of a damaged motor
vehicle that meets the definition of a salvage vehicle for which
a certificate of title branded "salvage" has not been issued
shall apply for a certificate of title before the vehicle is
further transferred.
Note: Effective 7/1/2027 this subsection will read as:
(j) Any person acquiring ownership of a damaged motor
vehicle that meets the definition of a salvage vehicle for which
a certificate of title branded "salvage" has not been issued
shall apply for a certificate of title electronically through
the electronic lien and title system established under W.S. 31-
2-113 or at the office of a county clerk before the vehicle is
further transferred.
(k) A seller of a motor vehicle that becomes a flood
vehicle shall, at or prior to the time of transfer of ownership,
give the buyer a written notice that the vehicle is a flood
vehicle. At the time of the next application for certificate of
title for the vehicle, disclosure of the flood status shall be
provided to the county clerk with the properly assigned title
and the word "flood" shall be conspicuously branded across the
front of the new title.
(m) In the case of a leased motor vehicle, the lessee,
within thirty (30) days of the occurrence of the event that
caused the vehicle to become a flood vehicle, shall give the
lessor written disclosure that the vehicle is a flood vehicle.
(n) Any vehicle that is titled pursuant to this section
may be reregistered if the owner complies with the provisions of
this section and W.S. 31-2-108. Any vehicle branded "salvage"
as a result of hail or theft with no damage, other than
cosmetic, or vehicles titled "rebuilt" or "reconstructed" by any
other state and that brand is carried forward on a Wyoming
title, are not required to go through the rebuilt title process
and may be reregistered pursuant to this act after obtaining a
Wyoming title branded "salvage" or "rebuilt", as applicable.
(o) If an insurance company is unable to obtain a properly
endorsed certificate of title within thirty (30) days of payment
of damages in a claim settlement involving transfer of a salvage
vehicle to the insurance company, the insurance company, an
occupational licensee of the department authorized by the
insurance company or a salvage pool authorized by the insurance
company may request the county clerk issue a certificate of
title branded salvage for the vehicle. The request shall be
submitted on a form provided by the office of the county clerk
and signed under penalty of perjury. The request shall include
and document evidence that the insurance company has paid a
claim on the vehicle and has made at least two (2) written
attempts to obtain the properly endorsed certificate of title at
the last known address of the owner of the vehicle. The request
shall also include a disclosure of any and all security
interests, liens or encumbrances that are known to the insurance
company and that are outstanding against the vehicle.
Note: Effective 7/1/2027 this subsection will read as:
(o) If an insurance company is unable to obtain a properly
endorsed certificate of title within thirty (30) days of payment
of damages in a claim settlement involving transfer of a salvage
vehicle to the insurance company, the insurance company, an
occupational licensee of the department authorized by the
insurance company or a salvage pool authorized by the insurance
company may request the county clerk issue a certificate of
title branded salvage for the vehicle. The request shall be
submitted electronically through the electronic lien and title
system established under W.S. 31-2-113 in a format provided by
the office of the county clerk and signed electronically with an
electronic signature in accordance with W.S. 40-21-101 through
40-21-119 under penalty of perjury. The request shall include
and document evidence that the insurance company has paid a
claim on the vehicle and has made at least two (2) written
attempts to obtain the properly endorsed certificate of title at
the last known address of the owner of the vehicle. The request
shall also include a disclosure of any and all security
interests, liens or encumbrances that are known to the insurance
company and that are outstanding against the vehicle.
(p) The county clerk, upon receipt of a request described
in subsection (o) of this section and payment of the fee
required under W.S. 31-3-102(a)(vii), shall issue a certificate
of title branded salvage for the vehicle to the requesting
insurance company, an occupational licensee of the department
authorized by the insurance company or a salvage pool authorized
by the insurance company. Any such salvage title issued by the
county clerk shall reflect all liens of record that have not
been released.
(q) As used in this section, "electronic signature" means
an electronic sound, symbol or process attached to or logically
associated with a document and executed or adopted by a person
with the intent to sign the document.