New York Total Loss Threshold

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New-York-Auto-Total-Loss-Threshold-By-Law 🔗 (pdf)

 

StateNew York
Rule75%
Law15 NYCRR § 20.20(c)(ii)

New York Total Loss Threshold

20.20 Brands on titles.

(a) Lemon Law brands.

If a motor vehicle is returned to a manufacturer, its agent or a dealer for nonconformity to its warranty or after final determination, adjudication or settlement pursuant to section 198-a (New Car Lemon Law) or section 198-b (Used Car Lemon Law) of the General Business Law, the commissioner shall print a notice to that effect on the certificate of title and every future certificate of title issued for the vehicle.

(b) American Association of Motor Vehicle Administrators brands.

(1) Every title shall contain the term “RECONSTRUCTED” or “NON-USA-STD”, in capital letters, if the vehicle meets the following criteria:

(i) RECONSTRUCTED. A vehicle that is repaired or constructed with a glider kit but not a vehicle manufactured in two or more stages; and

(ii) NON-USA-STD. A motor vehicle not originally manufactured in compliance with United States emission or safety standards or both.

(2) A title brand shall remain on the title and any subsequent title for the vehicle regardless of time or improvements.

(3) A brand RECONSTRUCTED or NON-USA-STD appearing on a certificate of title issued by another jurisdiction shall appear on any title issued for the vehicle by the commissioner.

(4) A brand SALVAGE REBUILT appearing on a certificate of title issued by another jurisdiction shall, together with the abbreviation for that other jurisdiction, appear on any title issued for the vehicle by the commissioner. Terms with the same meaning as “salvage rebuilt,” including but not limited to “salvage,” “rebuilt,” “junk,” “parts only,” or “water damage” will be treated as “salvage rebuilt.”

(c) Salvage vehicle brands.

(1) Every title shall bear the brand “REBUILT SALVAGE” and the abbreviation “NY” if the vehicle is eight model years old or newer on the date of loss and titled in New York after any one of the following has occurred:

(i) a salvage vehicle certificate (form MV-907A) for the vehicles has been filed with the department except as described in paragraph (2) of this subdivision;

(ii) the vehicle has been wrecked, destroyed or damaged to the extent that the total estimated or actual cost of parts and labor to rebuild or reconstruct the vehicle to its pre-accident condition, and for legal operation on the road or highways, exceeds 75 percent of the retail value of the vehicle at the time of loss as set forth in a current nationally recognized compilation of retail values. The value of repair parts for purposes of this section shall be determined by using the current published retail cost of the original equipment manufacturer parts or the actual retail cost of the repair parts to be used in the repair. The labor cost of repairs for purposes of this section shall be computed by using the hourly labor rate and time allocations that are reasonable and customary in the automobile repair industry in the community where the repairs are performed; or

(iii) the vehicle owner has voluntarily declared the vehicle salvage.

(2) No title will be branded if the vehicle is a theft recovery for which the insurance company sends the commissioner a statement on letterhead stationery asserting that the vehicle was recovered with no damage or with damage which does not exceed 75 percent of the retail value at the time of recovery, as set forth in a current nationally recognized compilation of retail values. The statement should be mailed to: Department of Motor Vehicles, Title Services Bureau, Empire State Plaza, Albany, NY 12228. The recovered theft vehicle must be identified by vehicle identification number, year, make and model.

(3) This subdivision will apply to all titles issued on or after May 19, 1999, except that it will not apply if an applicant for a title acquired a vehicle prior to May 19, 1999, and the application for a title is received by the department prior to August 19, 1999.