In lieu of obtaining a license, can
an individual transfer ownership of their vehicle to a licensed rebuilder
for the purpose of inspection? See letter below from the Director of Investigations.
November 25, 2003
Mr. James R. Johnson, Deputy Commissioner
Alabama Department of Insurance P. O. Box 303351
Montgomery, AL 36130-3351
Re: Individually Owned Salvaged Vehicles
Dear Mr .Johnson:
Thank you for your fax/letter of November 17, 2003 regarding the problems of rebuilt salvaged vehicles, with particular concern about Mr. Jones. As referenced in your letter, the issues concern the ability of an individual to rebuild a salvage vehicle that he/she retained from a settlement when the vehicle was declared a total loss. My office is responsible for inspections of salvage vehicles that have been rebuilt in accordance with Section 32-8-87, Code of Alabama 1975. The owner must surrender the original title when the vehicle is declared a total loss. The statute presumes that a salvage title is issued to the insurance carrier and that the owner does not retain the vehicle. The statute also presumes that the insurance carrier will sell the salvage vehicle to a third party -usually an auto auction or a rebuilder/reconditioner who can either sell/use the vehicle for parts or possibly rebuild the vehicle for sale with a "rebuilt title." Indeed the statute does not contemplate the owner-retained salvage vehicle that can be rebuilt by the original owner. As you said, there are "practical difficulties" with an owner becoming a licensed rebuilder .
In my opinion, this statute is untenable and unfair to the owner who elects to retain his/her salvage vehicle. We have drafted legislation to correct this problem. It has failed to pass the Alabama Legislature on at least six attempts. It appears that however unfair you or I may consider this matter, the Legislature intends for this to be the law of Alabama. Only a licensed rebuilder can apply for an inspection according to the statutory requirements. Only the licensed rebuilder who actually owns the salvage vehicle can certify under oath as to what damage existed, what parts were replaced, and what repairs were made. Only the licensed rebuilder/owner, as shown by the title documents when compared with the bills of sale for the parts or work repair orders and other documentation regarding ownership at the time the repairs were made, can make the application with the consistency necessary to avoid an allegation of perjury or forgery. A defect or fraud in the process may leave the rebuilder/owner open to liability at a later time if the vehicle should be involved in an accident. That potential liability is of great significance to an insurer of the licensed rebuilder. Manipulation of the process to give only the appearance of compliance, such as temporarily transferring title to a licensed rebuilder solely for the purpose of getting an approved inspection, creates liability exposure and would likely require my staff to suborn perjury. It may also eventually undermine the responsibility of the insurer of the rebuilder in the event of a lawsuit after an accident -the very reason that the statute requires "garage" liability insurance to be obtained by a rebuilder licensee in the first place.
I am sworn to apply and enforce the law and the Constitution -even though I may disagree with the particular law vehemently. We have chosen to seek a change in the law in the Legislature in the manner contemplated by the Alabama Constitution for changes to be made. Mr. Jones has been advised as to all legitimate options to the best of my knowledge. We have declined to advise anyone of illegitimate options.
Sincerely,
Charles E. Crumbley, Director Investigations Division