Or. Admin. Code § 735-024-0100 - Totaled Vehicles - Notice and Surrender of Title by Registered Owner

(1) Except for sections (6) and (7) of this rule, this rule covers those situations where a vehicle meets the definition of a totaled vehicle, and the loss is not covered by an insurer. Sections (6) and (7) of this rule cover the owner's responsibility when the loss is covered by an insurer.

(2) For vehicles that are considered totaled due to theft, the registered owner shall notify DMV within 60 days of the theft. The notice shall:

(a) Be from the owner as shown on the title for the vehicle;

(b) Be in writing;

(c) Include a description of the vehicle sufficient for the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) to locate any record, including such things as the vehicle identification number (VIN) or registration plate number; and

(d) Be supported by evidence that the vehicle was reported as stolen to a law enforcement agency, such as:

(A) A copy of the police report;

(B) A police report number and the name of the agency the theft was reported to; or

(C) Other verification of the report.

(3) If the title is not in the name of the owner from whom the vehicle was stolen, the owner must qualify and apply for title in his or her name before a notice required under section (2) of this rule shall be accepted. DMV may accept the notice required in section (2) of this rule at the same time, the person applies for title.

(4) For vehicles that are considered totaled due to damage, the registered owner shall surrender the title or primary ownership document to DMV within 30 days of when the vehicle became totaled. In surrendering the title the registered owner shall do one of the following:

(a) Apply for salvage title as required under OAR 735-024-0130 and as provided under OAR 735-024-0140;

(b) Apply for issuance of title showing the vehicle as "assembled" or "reconstructed" or "replica" and showing the "totaled" brand, if the vehicle is repaired, rebuilt, or otherwise eligible for a certificate title;

(c) Surrender the current certificate of title or primary ownership document to DMV, along with a statement indicating that the vehicle is totaled and why the vehicle is exempt from having to obtain a salvage title under ORS 819.016 and OAR 735-024-0130.

(5) If the registered owner is unable to surrender the title or primary ownership document, they shall notify DMV that the vehicle is totaled, and state the reason why they are unable to surrender the title or primary ownership document.

(6) As required by ORS 819.012, if a vehicle is determined to be totaled due to the vehicle being declared a total loss by an insurer that is obligated to cover the loss or that the insurer takes possession of or title to, the owner shall within 30 days of the date the vehicle became a totaled vehicle, surrender the title or primary ownership document to:

(a) DMV; or

(b) To the insurer.

(7) If the owner surrenders the title or primary ownership document to DMV under section (6) of this rule, the owner shall apply for salvage title as provided under OAR 735-024-0140, except as provided under OAR 735-024-0130. If salvage title is not required, in surrendering the title or primary ownership document to DMV, the owner shall include information indicating that:

(a) The vehicle was totaled;

(b) The name and address of the insurer; and

(c) The reason a salvage title is not required.

Notes

Or. Admin. Code § 735-024-0100

MV 32-1991, f. 12-30-91, cert. ef. 1-1-92

Stat. Auth.: ORS 802.010, ORS 803, ORS 819, ORS 820, ORS 821, ORS 822 & Ch. 820 & 873, OL 1991

Stats. Implemented: ORS 819.010 - ORS 819.040