|
So you know a good bargain
when you see one, eh? How about an '06 Ford Explorer with 10,000 miles
for $15,000? How about an '05 Toyota Camry LE V6 with 30,000 miles for
$11,000? It sounds like a good deal — until you find out you're driving
stolen property or a vehicle that was in a major accident several
months ago. Salvage yards and auction houses can offer dealers and
consumers deep discounts on used vehicles, but you need to know the red
flags that these blue-light specials can raise.
Cars in salvage yards are there for myriad reasons,
none of them good. They've been recovered after a theft, stripped of
all parts during a theft and left as a shell, or crashed badly enough
that an insurer totaled them. Yet these cars are ending up back on
dealership lots — sometimes with a clean title, sometimes with a
salvage title — and then in your driveway.
A salvage title indicates that the car was totaled, usually meaning it sustained damage that exceeded 75 percent of its value.
|
A salvage title indicates that the car was totaled,
usually meaning it sustained damage that exceeded 75 percent of its
value. When a car has that much damage, only the best restoration can
get it back in good working order, and even that doesn't guarantee the
car is totally safe. Don't expect a salvage-titled vehicle to have a
big red "salvage" stamped on it to warn you. Each state has different
ways of classifying "title brands." Some in use are: reconstructed,
rebuilt, restored, reconditioned, junk, unsafe, repaired and
non-repairable.
"It's not realistic to think that a salvage
vehicle is going to be put back together properly," warns Rob Painter,
owner of Rob Painter & Associates in Wisconsin and an expert on
auto theft and fraud. "Money is what talks. Lots of repairers will just
slap the car together as quickly and as cheaply as possible."
Painter explains that a
repairer of salvage vehicles often has lots of incentive to get the car
off the lift and into the marketplace because many owners of
salvage-vehicle repair shops also own auto dealerships. Part of the
sale goes to purchasing more salvage.
"People are making a
living out of that," says Bob Redding, Washington, D.C., representative
for the Automotive Service Association (ASA), an auto industry group.
And the zeal for profits often crushes safety assurance.
"The safety issue is the greatest question in the
whole salvage-titling arena," says Redding. The safety of salvaged
vehicles is hard to gauge because there's no post-repair inspection
process set up that allows an independent, knowledgeable third party to
review the vehicle's condition before it goes back on the road, says
Redding.
Many states require you to have your car inspected
at the DMV or by state police before it can go back on the road, but
often the state police don't have enough experience to recognize safety
problems. And in some cases, the repairer of the vehicle is the one who
inspects it. "Some of the current post-repair inspection systems are
laughable," Redding says.
States that allow clean-titling:
- Alaska
- Alabama *
- Arkansas *
- Idaho *
- Indiana *
- Massachusetts *
- Michigan *
- Minnesota*
- Montana *
- New Jersey *
- New York *
- South Carolina *
- Tennessee *
- Texas
- Utah *
- Virginia *
- Washington
- Wisconsin
* Under certain circumstances, these states require salvage titles. |
You can drop at least $20 to research a title
history at one of many Web sites as a way of saving in the long run.
Researching the history of a used vehicle you're about to buy is easy
with online services such as CarFax and AutoCheck.
In addition, the National Insurance Crime Bureau (NICB) makes it
possible for car buyers to see whether a car has been declared a total
loss by an insurer. NICB's VINcheck includes this data, and NICB represents over 1,000 auto insurance companies which cover 91 percent of the cars on the road in America today.
In many cases, you'll find the car's complete history. However, these services don't pick up every hiccup.
In testimony before the Senate Commerce, Science
and Transportation Committee in April 2007, David Regan, vice president
of the National Automobile Dealers Association (NADA) legislative
affairs group, said that the players in this process "enjoy substantial
profit margins by selling these totaled cars at inflated values
because: 1) state motor vehicle titling laws are confusing,
contradictory and incomplete; 2) auto insurance
companies have a short-term economic interest in under-reporting total
loss vehicle data; and 3) vehicle title histories are based primarily
on an outdated, paper-based system that does not allow prospective
purchasers to access title brand information prior to purchasing the
vehicle."
A clean vehicle history report is not conclusive evidence that a vehicle has never sustained significant damage.
|
"In addition," said Regan, "the vehicle history products in the market today are helpful, but a clean vehicle history report is not
conclusive evidence that a vehicle has never sustained significant
damage. Unfortunately, Departments of Motor Vehicles (DMVs) and title
history services may never get information about vehicles totaled by
insurance companies, since not all total loss vehicles are retitled to
reflect the severity of the damage."
Cars bought from salvage yards or auto auctions can
often come with "clean" titles, meaning the car sustained damage that
amounted to less than 75 percent of its value. "Insurance companies
push for clean titles because they can get more money at auction," says
Painter. Auction houses, too, are motivated to offer "clean-titled"
cars because those fetch a price two to three times higher than
salvage-titled vehicles. However, those clean titles don't necessarily
mean the car is any better than a salvage-titled vehicle.
Insurers will often total a vehicle at 65 percent
to 70 percent of its actual cash value. "But there's nothing that makes
a 70-percent damaged car better than a car that was hit for 75 percent
damage," says Redding. If a car's air bags are deployed, the cost to
replace them correctly is high, explains Redding, and can "get you to
75 percent of the car's value rather quickly." But one of your car's
"major components" — a vague, subjective term, according to Redding —
could be shot and the insurer will total your car, even though the
damage hasn't reached 75 percent of the vehicle's value. It's
conceivable that the car with the damaged component is in worse shape than the car in which the air bags deployed.
Car dealers can "wash" salvage-titled vehicles through states that have lax titling and reinspection requirements.
|
What's more, car dealers can "wash" salvage-titled
vehicles through states that have lax titling and reinspection
requirements. The dealer will repair the salvage-titled car and then
export it to a state that allows the dealer to acquire a new, clean
title. That vehicle can then be sold as a "clean-titled" vehicle,
although it had, at one time, a salvage title.
Clean-titling isn't only
the province of car dealers. Regan of NADA testified before the Senate
that "many state titling laws do not require insurance companies to
obtain a salvage title for every totaled vehicle. Moreover, the
insurance companies have a powerful economic incentive not to obtain a
salvage title. Insurance companies receive higher sale prices for these
totaled vehicles at salvage auctions if the titles are not branded. As
a result, DMV title databases do not include all totaled vehicles."
State Farm agreed to a
settlement with 49 states in 2005 after it discovered it failed to
properly salvage title thousands of totaled vehicles that it acquired
since June 1, 1997, and that were resold by State Farm. Out of a $40
million settlement fund, folks who unwittingly bought the cars were to
receive anywhere from a few hundred dollars to $20,000, depending on
the value of the vehicle.
Can one legislate this behavior out of existence?
The "Passenger Vehicle Loss Disclosure Act," introduced in the Senate
and House of Representatives in 2007, would require all auto insurers
to publicly disclose every vehicle that has been declared a total loss.
Disclosures would have to be "electonically accessible" to consumers
and include the vehicle's VIN, date declared a total loss, odometer
reading and reason for loss (e.g. flood, collision, fire, theft or
other reason). The bills have been referred to committees.
The NADA has campaigned for this legislation and
says, "The problem with totaled, flooded or stolen salvaged vehicles
persists because state motor vehicle titling laws are confusing and
incomplete. Insurance companies are not required to 'red flag' total
loss vehicles for consumers. Also, buyers do not have enough timely
access to title data from DMVs or total loss data from insurance
companies."
Painter says unscrupulous car dealerships will
purchase badly damaged vehicles at auctions simply for their Vehicle
Identification Numbers (VINs). The dealership will then steal a car of
the same year, make and model and replace the stolen car's VIN with the
salvaged vehicle's VIN. Typically, the dealership will replace the VIN
on the dashboard, under the hood, and on the driver's side door. This
gives the dealership a car to sell without having to spend the money to
repair it. The dealership can also give the buyer the title it acquired
with the car bought at the auction.
Lemon laws enacted to protect consumers from buying duds generally
expire after 30 days and don't protect you against dealership fraud. |
Unwitting drivers who purchase these vehicles from
dealerships, thinking that the transaction was on the level, may end up
having their vehicles confiscated by police during routine traffic
stops. The cars are identified as stolen and then impounded by the
police, and typically the buyers have little or no recourse from state
"lemon laws." Lemon laws enacted to protect consumers from buying duds
generally expire after 30 days and don't protect you against dealership
fraud.
Betsy Bottino, a spokesperson for Liberty Mutual
Insurance Co., says that you'll probably have no trouble acquiring
insurance for a salvage-titled vehicle, as long as your insurer gets a
copy of the DMV inspection certificate or a "garage report" (a
certificate that an auto-repair facility will issue after it deems the
salvage-titled vehicle safe for road operation).
However, some auto insurers will sell liability insurance but might not sell physical-damage insurance (comprehensive and collision) to an owner of a salvage-titled vehicle.
So do you roll the dice and take your chances?
Painter recommends that you stay away from salvage vehicles altogether
because "you never know what problems they're going to have. You won't
know the extent of the damage — if it was flooded, or if the car was
wrecked — how can you tell if it's really been fixed properly?"
Redding stops short of suggesting that you
unilaterally reject salvage vehicles, but cautions you to find out the
title history of any used car you're purchasing. And if it's been
salvage-titled, have the car inspected by a knowledgeable appraiser
before you buy it.
|