Okla. Admin. Code § 260:135-7-195

Current through Vol. 42, No. 4, November 1, 2024

Section 260:135-7-195 - Unrecovered-theft title

An unrecovered-theft title may be issued to an insurance company that has paid a total loss on an unrecovered stolen vehicle. Provided, the ownership of any such vehicle which has been declared a total loss by an insurer licensed by the Oklahoma Insurance Department and maintaining a multi-state motor vehicle salvage processing center in this state shall be transferred to the insurer by a salvage or an unrecovered-theft title without the requirement of a visual inspection of the vehicle identification number by the insurer.

(1)Documentation required. The requesting insurance company must provide at least one of the following three (3) documents at time of application for an unrecovered-theft title:

(A) Stolen vehicle report;

(B) Insurer's proof of loss; or

(C) Statement from insurer confirming unrecovered theft.

(2)Subsequent recovery of vehicle. When/if an unrecovered-theft titled vehicle is subsequently recovered, the appropriate title type (i.e. standard, salvage or junk) is to be issued, based on the amount of damage, if any. A letterhead statement from the insurance company, declaring the percentage of damage, is required to support the type of new title issued. Regardless of type, the new title will be branded "recovered-theft".

(3)Subsequent owner unable to obtain insurance company damage declaration. Should the subsequent owner/possessor of the recovered, unrecovered-theft titled vehicle claim the recovering insurance company has refused to provide the damage declaration outlined under paragraph (2) of this subsection and it is their contention the vehicle has suffered less than a total loss, the owner/possessor may:

(A) Obtain from Service Oklahoma a prepared letter of instruction, outlining the Oklahoma statutory damage declaration obligation of a recovering insurance company. The owner/possessor is to send that letter via certified mail, return receipt requested, to the recovering insurance company, along with a request for their compliance. A damage declaration from the recovering insurance company received in response to such correspondence will be processed as outlined in paragraph (2) of this subsection.

(B) Should the recovering insurance company respond with a written refusal of the request to provide a damage declaration, or no response is returned by the recovering insurance company within thirty (30) days of delivery of the request, as evidenced by the certified mail return receipt, the owner/possessor may establish the level of damage to the vehicle by providing a formal, written cost estimate to repair the vehicle to a roadworthy condition from a certified mechanic &/or body shop (business - not individual), or certified appraiser (i.e. insurance damage appraiser), that is not affiliated with the prospective owner/possessor. Upon review and approval by Service Oklahoma, such damage estimate will be utilized to make the appropriate title type determination. Regardless of type, the new title will be branded "recovered-theft".

Okla. Admin. Code § 260:135-7-195

Transferred from 710:60-5-61 by HB 3419 (2022), eff. 5/19/2022

Amended by Oklahoma Register, Volume 40, Issue 24, September 1, 2023, eff. 9/11/2023