Cal. VEH § 11515.3 — California Code / Code veh / Division 5 / Chapter 3 / Section 11515.3
Section 11515.3
Status: in_force

(a) If an insurance company requests a salvage pool authorized by the insurance company or an occupational licensee of the department authorized by the insurance company to take possession of a vehicle that is the subject of a total loss claim, and, subsequently, the insurance company does not take ownership of the vehicle, the insurance company may direct the salvage pool or occupational licensee of the department to release the vehicle to the registered and legal owner or lienholder of the vehicle. The insurance company shall provide the salvage pool or occupational licensee of the department with notice authorizing the release of the vehicle to the vehicle’s registered and legal owner or lienholder. This notice may be sent by mail, electronic mail, or a proprietary electronic system accessed by both the insurance company and the salvage pool or occupational licensee of the department.

(b) Upon receiving notice from an insurance company pursuant to subdivision (a), the salvage pool or occupational licensee of the department shall send two notices to the registered and legal owner and any lienholder of the vehicle informing the registered and legal owner and lienholder that the vehicle is available to pick up and will be sold or otherwise disposed of if no response is received. The notice shall inform the owner and any lienholder that the registered and legal owner and lienholder has 30 days from the date of mailing of the first notice and 14 days from the date of mailing of the second notice to pick up the vehicle from the salvage pool or occupational licensee of the department before the vehicle is deemed abandoned. The notice shall also inform the registered and legal owner and any lienholder of their right to contact the salvage pool or occupational licensee of the department regarding their intent to pick up the vehicle in order to receive an additional 30 days from the date of contact to pick up the vehicle before the vehicle is deemed abandoned. Notice under this subdivision shall be sent by certified mail or by another commercially available delivery service providing proof of delivery to the address on record with the department and any other known address, or for vehicles last registered in another jurisdiction, to the address on record with that jurisdiction and any other known address.

(c) If the registered and legal owner or any lienholder contacts the salvage pool or occupational licensee of the department regarding their intent to pick up the vehicle within the time periods described in subdivision (b), the salvage pool or occupational licensee shall give the registered and legal owner or any lienholder an additional 30 days from the date of contact to pick up the vehicle before the vehicle is deemed abandoned.

(d) If the registered and legal owner or any lienholder of the vehicle does not pick up the vehicle within 30 days after the date of mailing of the first notice, and within 14 days after the date of mailing of the second notice, as described in subdivision (b), or within 30 days from the date of contact with the salvage pool or occupational licensee of the department, as described in subdivision (c), the vehicle shall be deemed abandoned, the vehicle’s certificate of title is deemed to be assigned to the salvage pool or occupational licensee of the department.

(e) The salvage pool or occupational licensee of the department, without surrendering the certificate of title, may request, on a form provided by the department and signed under penalty of perjury, that the department issue a salvage certificate or nonrepairable vehicle certificate that is free and clear of all liens for the vehicle. The request shall be accompanied by an attestation and certification that the insurance company did not take ownership of the vehicle and directed the release of the vehicle to the registered and legal owner or lienholder, an attestation and certification of delivery of the notices required pursuant to subdivision (b) or that the notices were returned undeliverable after the notices were sent to the registered and legal owner and any lienholder, as required pursuant to subdivision (b), the license plates for the vehicle, and the fee required by subdivision (c) of Section 11515 for a salvage vehicle or the fee required by subdivision (c) of Section 11515.2 for a nonrepairable vehicle. Notwithstanding any outstanding liens against the vehicle, the department shall issue a salvage certificate or nonrepairable vehicle certificate that is free and clear of all liens for the vehicle to the salvage pool or occupational licensee of the department in possession of the vehicle. An occupational licensee of the department may submit a certificate of license plate destruction in lieu of the actual license plate.

(f) The salvage pool or occupational licensee of the department shall maintain an accurate record of every vehicle it acquires and disposes of pursuant to this section. The records shall be maintained for two years and be open for inspection by any peace officer during the regular business hours of that salvage pool or occupational licensee of the department. The records shall include, but not be limited to, copies of the notices sent to the registered and legal owner and any lienholder of the vehicle and proof of delivery of the notices as specified in subdivision (b).