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27-50-1216. Moving a total-loss vehicle from a storage facility — Definition.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-50-1216. Moving a total-loss vehicle from a storage facility — Definition.
(a) As used in this section, “storage facility” means a facility where a wrecked or inoperable vehicle is stored that charges storage fees to a vehicle owner as a result of the claim from the wrecked or inoperable vehicle.
(b)(1)(A) If an insurance company determines that a vehicle is a total loss claim, the insurance company may authorize its agent to move the vehicle to a location of its choosing without:
(i) The approval of the storage facility; and
(ii) A release document from the owner.
(B) Instead of a release document, the insurance company shall obtain a verbal release from the vehicle owner to move the total loss vehicle as provided under this section and document the verbal release in the claim file.
(2)(A) To authorize the moving of the vehicle, the insurance company shall submit notice by regular mail, hand-delivery, facsimile, or electronic transmission to the storage facility on company letterhead of the intent to move the vehicle.
(B) The notice shall include:
(i) A description of the vehicle, including its identification number;
(ii) The identification of the agent who is to move the vehicle;
(iii) The date the owner of the vehicle authorized release of the vehicle to the insurance company; and
(iv) A statement that the insurance company will indemnify and hold harmless the storage facility for all liability and costs it incurs defending itself in any civil or criminal claim arising from moving the vehicle without a release document from the owner.
(C) The owner and any lienholder of the vehicle shall receive a copy of the notice by regular mail.
(c) The storage facility shall make the vehicle available for immediate release and removal during regular
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-50-1216
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:27-50-1216
Source file: gov.ar.code.title.27.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 53c7ce680152e48954c42153bd8da6a84ce3fe82df8381c2a57e779be7274013
Source location: content.xml paragraph 17502
Stored source content
27-50-1216. Moving a total-loss vehicle from a storage facility — Definition.
(a) As used in this section, “storage facility” means a facility where a wrecked or inoperable vehicle is stored that charges storage fees to a vehicle owner as a result of the claim from the wrecked or inoperable vehicle.
(b)(1)(A) If an insurance company determines that a vehicle is a total loss claim, the insurance company may authorize its agent to move the vehicle to a location of its choosing without:
(i) The approval of the storage facility; and
(ii) A release document from the owner.
(B) Instead of a release document, the insurance company shall obtain a verbal release from the vehicle owner to move the total loss vehicle as provided under this section and document the verbal release in the claim file.
(2)(A) To authorize the moving of the vehicle, the insurance company shall submit notice by regular mail, hand-delivery, facsimile, or electronic transmission to the storage facility on company letterhead of the intent to move the vehicle.
(B) The notice shall include:
(i) A description of the vehicle, including its identification number;
(ii) The identification of the agent who is to move the vehicle;
(iii) The date the owner of the vehicle authorized release of the vehicle to the insurance company; and
(iv) A statement that the insurance company will indemnify and hold harmless the storage facility for all liability and costs it incurs defending itself in any civil or criminal claim arising from moving the vehicle without a release document from the owner.
(C) The owner and any lienholder of the vehicle shall receive a copy of the notice by regular mail.
(c) The storage facility shall make the vehicle available for immediate release and removal during regular business hours of the storage facility upon receipt of:
(1) The letter described under subdivision (b)(2) of this section;
(2) The release of any law enforcement or other official hold; and
(3) Settlement of all fees incurred up to and including the date of removal.
(d)(1) If an insurance company or its agent moves a vehicle as provided under this section, the insurance company shall indemnify and hold harmless the storage facility for liability and all expenses associated with civil or criminal claims arising from moving the vehicle without a release document from the owner.
(2) In any action in which a storage facility prevails against an insurance company for indemnification under this subsection, in addition to any damages suffered, the storage facility shall be awarded attorney's fees and costs incurred.
(e) This section shall not be construed to restore or grant any right, title, or interest in the vehicle or its contents as may have been waived under § 27-50-1209(a).
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Arkansas Code — all titles (historical 2020) · legal_authorities
27-50-1209. Foreclosure of liens.
(a)(1) The failure of the owner or lienholder to exercise his, her, or its right to reclaim the vehicle and its contents within forty-five (45) days of the posting or publication of notice to owners and lienholders constitutes a waiver by the owner or lienholder of all right, title, and interest in the vehicle and its contents.
(2) If a law enforcement official or other official refuses to release any hold on the vehicle or its contents, the owner or lienholder has an additional twenty (20) days to reclaim the vehicle and its contents after the date when the hold is released.
(3)(A) The owner or lienholder may challenge any law enforcement official hold or other official hold under the procedures in § 27-50-1207(e).
(B) However, the provisions of § 27-50-1207(f) pertaining to release of the vehicle do not apply when the owner or lienholder challenges a law enforcement official hold or other official hold.
(b)(1) Except as provided in subsection (c) of this section, the towing and storage firm, municipality, or county that holds a perfected possessory lien on any vehicle and its contents not redeemed by its owner or security lienholder within the time frame provided by this section shall sell the vehicle and its contents at a nonjudicial public sale for cash.
(2) The sale shall not occur later than ninety (90) days after perfection of the lien or forty-five (45) days after the release of any law enforcement hold or other official hold, whichever is later.
(c) A vehicle that is held by a municipality or county on a storage lot owned and operated by the municipality or county may defer the public sale and make use of the vehicle for law enforcement purposes if:
(1) The municipality or county complies with the notice provisi
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-50-1209
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 27-50-1209. This identifies an authority to review, not proof of applicability.