Memorandum

Identifying Information:VIN verifications - insurance company - non-highway title vehicles
Tax Type:Vehicles
Brief Description:VIN verifications - insurance company - non-highway title vehicles
Keywords:
Effective Date:07/05/1984



Body:
MEMORANDUM


TO: Harold Turntine DATE: July 5, 1984
Division of Vehicles

FROM: William L. Edds RE: VIN verifications - insurance
company - non-highway title
vehicles

On June 25, 1984, I issued a memorandum stating that no VIN verification requirement arises under section 11 of 1984 Senate Bill 591 when an insurance company applies for a Kansas non-highway title on a vehicle after settling a claim on that vehicle. My opinion has not changed in this regard, but I need to clarify the Department’s position due to the fact that that memorandum was not accurate in certain of its statements.

It has come to my attention that in a number of these transactions, it would be impossible to perform the VIN verification. In come of these cases a Kansas insurance company pays the claim in a total loss situation and merely takes possession of the title and salvage, which salvage is located outside of and never will come into the state. I have been advised by Lt. Kuhn of the Kansas Highway Patrol that their members are unable to go outside the state in these cases to make the verification. Other transactions arise as a result of thefts, whereby the insurance company settles the claim and obtains only the title. Here there is no physical property to verify. The VIN verification would likewise be impracticable in these situations due to the fact that the vehicle must undergo verification if it should return to highway status. This safeguard protects the interest sought to be advanced by section 11 of 1984 S.B. 591. Therefore, in any situation where an insurance company makes application for a Kansas non-highway title to a vehicle it has acquired pursuant to a settlement of a total loss claim, no VIN verification is to be required.

It will be necessary to notify all county treasurers of this ruling immediately.


LEGAL SERVICES


_________________
William L. Edds

WLE: rab


Date Composed: 02/24/1998 Date Modified: 10/09/2001