| Chapter 423 |
| 2021 -- H 6188 SUBSTITUTE A Enacted 07/20/2021 |
| A N A C T |
| RELATING TO MOTOR AND OTHER VEHICLES -- RHODE ISLAND SALVAGE LAW |
Introduced By: Representatives Vella-Wilkinson, Cardillo, Casimiro, and Bennett |
| Date Introduced: March 31, 2021 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Section 31-46-1 of the General Laws in Chapter 31-46 entitled "Rhode Island |
| Salvage Law" is hereby amended to read as follows: |
| 31-46-1. Duty of insurance company. |
| (a) Any insurance company taking possession of a motor vehicle for which a certificate of |
| title has been issued in this state, that has been declared a total loss because of damage to that |
| vehicle, in settlement of a claim for damage or theft shall within ten (10) days deliver to the division |
| of motor vehicles the certificate of title of that vehicle and obtain a salvage certificate of title for |
| that vehicle as prescribed for by the administrator of the division of motor vehicles. If the insurance |
| company is unable to obtain the certificate of title of the vehicle for more than thirty (30) days after |
| payment of the total loss claim on the vehicle, the insurance company or its agent may apply for |
| and obtain, free and clear of all liens and claims of ownership, a salvage certificate of title in the |
| insurance company's name without delivering the certificate of title to the division of motor |
| vehicles. Such The application shall be accompanied by evidence that the insurance company has |
| paid a total loss claim on the vehicle and has attempted to obtain the certificate of title by sending |
| at least two (2) written attempts, sent by certified mail or by another commercially available |
| delivery service providing proof of delivery and addressed to the last known owner of the vehicle |
| and any known lienholders, at the address shown on the records of the appropriate registry, in the |
| state in which the vehicle is registered. |
| (b) If: |
| (1) A motor vehicle dealer, the primary business of which is the sale of salvage motor |
| vehicles on behalf of insurance companies, is asked by an insurance company to take possession |
| of a motor vehicle for which a certificate of title has been issued in this state; |
| (2) The motor vehicle is the subject of an insurance claim; and |
| (3) Subsequently a total loss claim is not paid by the insurance company with respect to |
| such the motor vehicle, the motor vehicle dealer may, if such the motor vehicle has been abandoned |
| at the facility of the motor vehicle dealer for more than thirty (30) days, apply for and obtain, free |
| and clear of all liens and claims of ownership, a salvage certificate of title in such the dealer's name |
| without surrendering the certificate of title to the division of motor vehicles. Such The application |
| shall be accompanied by evidence that the motor vehicle dealer made at least two (2) written |
| attempts, sent by certified mail or by another commercially available delivery service providing |
| proof of delivery and addressed to the last known owner of the vehicle and any known lienholders, |
| at the address shown on the records of the appropriate registry, in the state in which the vehicle is |
| registered, to have the vehicle removed from the motor vehicle dealer's facility. In such application, |
| the motor vehicle dealer shall also classify the vehicle as Classification A or Classification B, as |
| such the classifications are described in ยง 31-46-1.1. |
| SECTION 2. This act shall take effect upon passage. |
| ======== |
| LC002515/SUB A |
| ======== |