20-109.1A. Application for unregisterable certificate of title.
(a) If an insurance company is unable to obtain the properly endorsed title, certificate of ownership, or other evidence of ownership to a vehicle registered in another state, the company, or its agent or contractor, may apply to the Division for an unregisterable certificate of title in the name of the insurance company if all of the following conditions are met:
(1) The vehicle has been declared a total loss.
(2) The occurrence that damaged the vehicle occurred within the boundaries of this State.
(3) The vehicle has remained within this State continuously since the occurrence of the loss.
(4) The owner of the vehicle has accepted an offer of an amount in settlement of the total loss from the insurance company.
(5) The insurance company, or its agent or contractor, has made a written request for the title from the vehicle owner and any lienholders of record at the addresses contained in the records of the state of registration. The written request must be delivered by certified United States Postal Service mail or by another commercially available delivery service providing proof of delivery.
(6) The owner and lienholder have failed to deliver the title for more than 30 days from the receipt of the written request, or the written request has been returned as undeliverable.
(b) An application for an unregisterable certificate of title under this section shall be made on a form provided by the Division, and the Division may require a notarized affidavit attesting under penalty of perjury that the conditions of subsection (a) of this section have been met. The form shall be accompanied by (i) evidence of a total loss payment in the form of either a copy of a claims check or a screenshot from the insurance company's claim system showing a payment was made and (ii) evidence of delivery of notice to the vehicle owner. Any company, agent, or contractor that has applied for an unregisterable certificate of title under this section shall maintain a record of any supporting documentation for a period of three years. The fee for an unregisterable certificate of title pursuant to this section shall be twenty-one dollars and fifty cents ($21.50).
(c) If an out-of-state registered vehicle has been damaged in this State and an insurance company, its agent, or its contractor takes possession of the vehicle with the permission of the owner, the company's agent or contractor taking possession of the vehicle shall have a towing and storage lien on the vehicle for any amount actually accrued in the possession, towing, and storage of the vehicle. This lien is superior to any other liens on the vehicle. If the insurance company subsequently denies coverage or otherwise fails to reach a settlement with the owner, the company, or its agent or contractor may make written demand that the owner or lienholder retake possession of the vehicle upon payment of any towing or storage fees accrued by the agent or contractor. If the owner or lienholder fails to satisfy the lien and take possession of the vehicle within 14 calendar days of the written demand, the agent or contractor may apply for an unregisterable certificate of title in the name of the agent or contractor for purposes of selling the vehicle to recoup any towing or storage fees accrued by the agent or contractor. The application shall be on a notarized form provided by the Division attesting by the applicant that the requirements of this section have been completed. Included with this form shall be evidence of delivery of notice to the vehicle owner. The written demand required by this subsection must be delivered by United States Postal Service mail or by another commercially available delivery service providing proof of delivery.
(d) Any vehicle that has been issued an unregisterable certificate of title under this section may only be sold for parts, scrap, or recycling.
(e) Any owner, lienholder, or subsequent purchaser harmed as a result of an unregisterable certificate of title being issued pursuant to this section, or harmed by the sale of any such vehicle following issuance of the same, shall have no cause of action against the Division, and the Division shall not be liable to any such persons in any matter related to actions taken under this section. (2021-126, s. 2.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 3 - Motor Vehicle Act of 1937.
§ 20-39 - Administering and enforcing laws; rules and regulations; agents, etc.; seal; fees.
§ 20-39.1 - Publicly owned vehicles to be marked; private license plates on publicly owned vehicles.
§ 20-40 - Offices of Division.
§ 20-41 - Commissioner to provide forms required.
§ 20-42 - Authority to administer oaths and certify copies of records.
§ 20-43 - Records of Division.
§ 20-43.1 - Disclosure of personal information in motor vehicle records.
§ 20-43.2 - Internet access to organ donation records by organ procurement organizations.
§ 20-43.4 - Current list of licensed drivers to be provided to jury commissions.
§ 20-44 - Authority to grant or refuse applications.
§ 20-45 - Seizure of documents and plates.
§ 20-47 - Division may summon witnesses and take testimony.
§ 20-49 - Police authority of Division.
§ 20-49.1 - Supplemental police authority of Division officers.
§ 20-49.2 - Supplemental authority of State Highway Patrol Motor Carrier Enforcement officers.
§ 20-49.3 - Bureau of License and Theft; custody of seized vehicles.
§ 20-50 - Owner to secure registration and certificate of title; temporary registration markers.
§ 20-51 - Exempt from registration.
§ 20-52 - Application for registration and certificate of title.
§ 20-52.1 - Manufacturer's certificate of transfer of new motor vehicle.
§ 20-52.2 - Unregisterable certificate of title.
§ 20-53 - Application for specially constructed, reconstructed, or foreign vehicle.
§ 20-53.1 - Specially constructed vehicle certificate of title and registration.
§ 20-53.4 - Registration of mopeds; certificate of title.
§ 20-53.5 - Titling and registration of HMMWV.
§ 20-54 - Authority for refusing registration or certificate of title.
§ 20-54.1 - Forfeiture of right of registration.
§ 20-55 - Examination of registration records and index of seized, stolen, and recovered vehicles.
§ 20-56 - Registration indexes.
§ 20-57 - Division to issue certificate of title and registration card.
§ 20-58 - Perfection by indication of security interest on certificate of title.
§ 20-58.1 - Duty of the Division upon receipt of application for notation of security interest.
§ 20-58.2 - Date of perfection.
§ 20-58.3 - Notation of assignment of security interest on certificate of title.
§ 20-58.4 - Release of security interest.
§ 20-58.4A - Electronic lien system.
§ 20-58.6 - Duty of secured party to disclose information.
§ 20-58.7 - Cancellation of certificate.
§ 20-58.8 - Applicability of §§ 20-58 to ; use of term "lien".
§ 20-58.10 - Effective date of §§ 20-58 to 20-58.9.
§ 20-60 - Owner after transfer not liable for negligent operation.
§ 20-61 - Owner dismantling or wrecking vehicle to return evidence of registration.
§ 20-62.1 - Purchase of vehicles for purposes of scrap or parts only.
§ 20-63.01 - Bonds required for commission contractors.
§ 20-63.02 - Advisory committee of commission contractors.
§ 20-63.1 - Division shall cause plates to be reflectorized.
§ 20-64 - Transfer of registration plates to another vehicle.
§ 20-66 - Renewal of vehicle registration.
§ 20-67 - Notice of change of address or name.
§ 20-68 - Replacement of lost or damaged certificates, cards and plates.
§ 20-69 - Division authorized to assign new engine number.
§ 20-70 - Division to be notified when another engine is installed or body changed.
§ 20-71.2 - Declaration of purpose.
§ 20-71.3 - Salvage and other vehicles titles and registration cards to be branded.
§ 20-71.4 - Failure to disclose damage to a vehicle shall be a misdemeanor.
§ 20-72.1 - Transfer by owner when a certificate of title is unavailable; consumer remedies.
§ 20-73 - New owner must get new certificate of title.
§ 20-74 - Penalty for making false statement about transfer of vehicle.
§ 20-75 - When transferee is a charitable organization, dealer, or insurance company.
§ 20-75.1 - Conditional delivery of motor vehicles.
§ 20-76 - Title lost or unlawfully detained; bond as condition to issuance of new certificate.
§ 20-77 - Transfer by operation of law; sale under mechanic's or storage lien; unclaimed vehicles.
§ 20-78 - When Division to transfer registration and issue new certificate; recordation.
§ 20-79 - Dealer license plates.
§ 20-79.01 - Special sports event temporary license plates.
§ 20-79.02 - Loaner/Dealer "LD" license plate for franchised dealer loaner vehicles.
§ 20-79.1A - Limited registration plates.
§ 20-79.2 - Transporter plates.
§ 20-79.3A - Requirements to establish a special registration plate.
§ 20-79.4 - Special registration plates.
§ 20-79.5 - Special registration plates for elected and appointed State government officials.
§ 20-79.6 - Special registration plates for members of the judiciary.
§ 20-79.7 - Fees for special registration plates and distribution of the fees.
§ 20-79.8 - Expiration of special registration plate authorization.
§ 20-81.12 - Collegiate insignia plates and certain other special plates.
§ 20-83 - Registration by nonresidents.
§ 20-84 - Permanent registration plates; State Highway Patrol.
§ 20-84.2 - Definition; reciprocity; Commissioner's powers.
§ 20-85.1 - Registration by mail; one-day title service; fees.
§ 20-86 - Penalty for engaging in a "for-hire" business without proper license plates.
§ 20-86.1 - International Registration Plan.
§ 20-87 - Passenger vehicle registration fees.
§ 20-87.1 - Interchange of passenger buses with nonresident common carriers of passengers.
§ 20-88 - Property-hauling vehicles.
§ 20-88.02 - Registration of logging vehicles.
§ 20-88.03 - Late fee; motor vehicle registration.
§ 20-91 - Audit of vehicle registrations under the International Registration Plan.
§ 20-95 - Prorated fee for license plate issued for other than a year.
§ 20-97 - Taxes credited to Highway Fund; municipal vehicle taxes.
§ 20-100 - Vehicles junked or destroyed by fire or collision.
§ 20-101 - Certain business vehicles to be marked.
§ 20-101.1 - Conspicuous disclosure of dealer administrative fees.
§ 20-101.2 - Conspicuous disclosure of dealer finance yield charges.
§ 20-101.3 - Conspicuous disclosure of dealer shop and other service-related fees.
§ 20-102 - Report of stolen and recovered motor vehicles.
§ 20-102.1 - False report of theft or conversion a misdemeanor.
§ 20-102.2 - Report of failure to return hired motor vehicles.
§ 20-103 - Reports by owners of stolen and recovered vehicles.
§ 20-104 - Action by Division on report of stolen or embezzled vehicles.
§ 20-106.1 - Fraud in connection with rental of motor vehicles.
§ 20-106.2 - Sublease and loan assumption arranging regulated.
§ 20-108 - Vehicles or component parts of vehicles without manufacturer's numbers.
§ 20-109 - Altering or changing engine or other numbers.
§ 20-109.1 - Surrender of titles to salvage vehicles.
§ 20-109.1A - Application for unregisterable certificate of title.
§ 20-109.2 - Surrender of title to manufactured home.
§ 20-109.3 - Disposition of vehicles abandoned by charitable organizations.
§ 20-110 - When registration shall be rescinded.
§ 20-111 - Violation of registration provisions.
§ 20-112 - Making false affidavit perjury.
§ 20-114 - Duty of officers; manner of enforcement.
§ 20-115 - Scope and effect of regulations in this Part.
§ 20-115.1 - Limitations on tandem trailers and semitrailers on certain North Carolina highways.
§ 20-116 - Size of vehicles and loads.
§ 20-117 - Flag or light at end of load.
§ 20-117.1 - Requirements for mirrors and fuel container.
§ 20-118 - Weight of vehicles and load.
§ 20-118.1 - Officers may weigh vehicles and require overloads to be removed.
§ 20-118.2 - Authority to fix higher weight limitations at reduced speeds for certain vehicles.
§ 20-119 - Special permits for vehicles of excessive size or weight; fees.
§ 20-119.1 - Use of excess overweight and oversize fees.
§ 20-121 - When authorities may restrict right to use highways.
§ 20-122 - Restrictions as to tire equipment.
§ 20-122.1 - Motor vehicles to be equipped with safe tires.
§ 20-123 - Trailers and towed vehicles.
§ 20-123.1 - Steering mechanism.
§ 20-125 - Horns and warning devices.
§ 20-125.1 - Directional signals.
§ 20-127 - Windows and windshield wipers.
§ 20-128 - Exhaust system and emissions control devices.
§ 20-128.1 - Control of visible emissions.
§ 20-128.2 - Motor vehicle emission standards.
§ 20-129 - Required lighting equipment of vehicles.
§ 20-129.1 - Additional lighting equipment required on certain vehicles.
§ 20-129.2 - Lighting equipment for mobile homes.
§ 20-130 - Additional permissible light on vehicle.
§ 20-130.1 - Use of red or blue lights on vehicles prohibited; exceptions.
§ 20-130.2 - Use of amber lights on certain vehicles; limited use.
§ 20-130.3 - Use of white or clear lights on rear of vehicles prohibited; exceptions.
§ 20-131 - Requirements as to headlamps and auxiliary driving lamps.
§ 20-133 - Enforcement of provisions.
§ 20-134 - Lights on parked vehicles.
§ 20-135.2 - Safety belts and anchorages.
§ 20-135.2A - (See Editor's note) Seat belt use mandatory.
§ 20-135.3 - Seat belt anchorages for rear seats of motor vehicles.
§ 20-135.4 - Certain automobile safety standards.
§ 20-136.1 - Location of television, computer, or video players, monitors, and screens.
§ 20-136.2 - Counterfeit supplemental restraint system components and nonfunctional airbags.
§ 20-137.1 - Child restraint systems required.
§ 20-137.2 - Operation of vehicles resembling law-enforcement vehicles unlawful; punishment.
§ 20-137.3 - Unlawful use of a mobile phone by persons under 18 years of age.
§ 20-137.4 - Unlawful use of a mobile phone.
§ 20-137.4A - Unlawful use of mobile telephone for text messaging or electronic mail.
§ 20-137.5 - Child passenger safety technician; limitation of liability.
§ 20-137.6 - Declaration of purpose.
§ 20-137.7 - Definitions of words and phrases.
§ 20-137.8 - Secretary may adopt rules and regulations.
§ 20-137.9 - Removal from private property.
§ 20-137.10 - Abandoned and derelict vehicles to be tagged; determination of value.
§ 20-137.11 - Title to vest in State.
§ 20-137.12 - Secretary may contract for disposal.
§ 20-137.13 - No liability for removal.
§ 20-137.14 - Enclosed, antique, registered and certain other vehicles exempt.
§ 20-138.1 - Impaired driving.
§ 20-138.2 - Impaired driving in commercial vehicle.
§ 20-138.2A - Operating a commercial vehicle after consuming alcohol.
§ 20-138.2C - Possession of alcoholic beverages while operating a commercial motor vehicle.
§ 20-138.3 - Driving by person less than 21 years old after consuming alcohol or drugs.
§ 20-138.5 - Habitual impaired driving.
§ 20-138.7 - Transporting an open container of alcoholic beverage.
§ 20-140.2 - Overloaded or overcrowded vehicle.
§ 20-140.4 - Special provisions for motorcycles and mopeds.
§ 20-140.5 - Special mobile equipment may tow certain vehicles.
§ 20-141 - Speed restrictions.
§ 20-141.1 - Speed limits in school zones.
§ 20-141.3 - Unlawful racing on streets and highways.
§ 20-141.5 - Speeding to elude arrest; seizure and sale of vehicles.
§ 20-141.6 - Aggressive Driving.
§ 20-142.1 - Obedience to railroad signal.
§ 20-142.2 - Vehicles stop at certain grade crossing.
§ 20-142.3 - Certain vehicles must stop at railroad grade crossing.
§ 20-142.4 - Moving heavy equipment at railroad grade crossing.
§ 20-142.5 - Stop when traffic obstructed.
§ 20-144 - Special speed limitation on bridges.
§ 20-145 - When speed limit not applicable.
§ 20-146 - Drive on right side of highway; exceptions.
§ 20-146.1 - Operation of motorcycles.
§ 20-146.2 - Rush hour traffic lanes authorized.
§ 20-147 - Keep to the right in crossing intersections or railroads.
§ 20-147.1 - Passenger vehicle towing other vehicles to keep right.
§ 20-148 - Meeting of vehicles.
§ 20-149 - Overtaking a vehicle.
§ 20-150 - Limitations on privilege of overtaking and passing.
§ 20-150.1 - When passing on the right is permitted.
§ 20-152 - Following too closely.
§ 20-153 - Turning at intersections.
§ 20-154 - Signals on starting, stopping or turning.
§ 20-156 - Exceptions to the right-of-way rule.
§ 20-157.1 - Funeral processions.
§ 20-158 - Vehicle control signs and signals.
§ 20-158.1 - Erection of "yield right-of-way" signs.
§ 20-158.2 - Control of vehicles on Turnpike System.
§ 20-158.3 - Emergency entry to controlled access roads.
§ 20-160 - Driving through safety zone or on sidewalks prohibited.
§ 20-160.1 - Failure to yield causing serious bodily injury; penalties.
§ 20-161 - Stopping on highway prohibited; warning signals; removal of vehicles from public highway.
§ 20-161.1 - Regulation of night parking on highways.
§ 20-162.1 - Prima facie rule of evidence for enforcement of parking regulations.
§ 20-162.2 through 20-162.3 - Transferred to §§ 20-219.2, 20-219.3 by Session Laws 1973, c1330, s36.
§ 20-163 - Unattended motor vehicles.
§ 20-166.1 - Reports and investigations required in event of accident.
§ 20-166.2 - Duty of passenger to remain at the scene of an accident.
§ 20-166.3 - Limit storage duration for vehicle damaged as a result of a collision.
§ 20-167 - Vehicles transporting explosives.
§ 20-167.1 - Transportation of spent nuclear fuel.
§ 20-168 - Drivers of State, county, and city vehicles subject to the provisions of this Article.
§ 20-169 - Powers of local authorities.
§ 20-171 - Traffic laws apply to persons riding animals or driving animal-drawn vehicles.
§ 20-171.7 - Legislative findings and purpose.
§ 20-171.9 - Requirements for helmet and restraining seat use.
§ 20-171.15 - Age restrictions.
§ 20-171.17 - Prohibited acts by sellers.
§ 20-171.18 - Equipment requirements.
§ 20-171.19 - Prohibited acts by owners and operators.
§ 20-171.20 - Safety training and certificate.
§ 20-171.26 - Motorized all-terrain vehicle use by disabled sportsmen.
§ 20-172 - Pedestrians subject to traffic-control signals.
§ 20-173 - Pedestrians' right-of-way at crosswalks.
§ 20-174 - Crossing at other than crosswalks; walking along highway.
§ 20-174.1 - Standing, sitting or lying upon highways or streets prohibited.
§ 20-174.2 - Local ordinances; pedestrians gathering, picketing, or protesting on roads or highways.
§ 20-175 - Pedestrians soliciting rides, employment, business or funds upon highways or streets.
§ 20-175.1 - Public use of white canes by other than blind persons prohibited.
§ 20-175.3 - Rights and privileges of blind persons without white cane or guide dog.
§ 20-175.6 - Electric personal assistive mobility devices.
§ 20-175.16 - Personal delivery devices authorized; operation; equipment.
§ 20-175.17 - Local regulation.
§ 20-176 - Penalty for misdemeanor or infraction.
§ 20-177 - Penalty for felony.
§ 20-178 - Penalty for bad check.
§ 20-178.1 - Payment and review of civil penalty imposed by Department of Public Safety.
§ 20-179.1 - Presentence investigation of persons convicted of offense involving impaired driving.
§ 20-179.3 - Limited driving privilege.
§ 20-179.5 - Affordability of ignition interlock system.
§ 20-181 - Penalty for failure to dim, etc., beams of headlamps.