28-4842. Unclaimed vehicle; transfer of ownership; immunity; towing companies
A. If a vehicle remains unclaimed at the expiration of the dates prescribed in section 28-4841, subsections B and C, the director shall make an inquiry to determine if the vehicle is a stolen vehicle. On receiving notice that the vehicle has not been reported stolen, the director may transfer ownership of the vehicle free and clear of all liens or encumbrances on compliance with this chapter to the person in possession of the vehicle.
B. An application for transfer of ownership shall be signed by the applicant or authorized agent of the applicant and shall contain a certified statement that includes the following:
1. As of the date of application, no person has presented proof of ownership and financial responsibility for the release or return of the vehicle.
2. The applicant is currently in possession of the vehicle.
C. This state and its agencies, employees and agents are not liable for relying in good faith on the contents of the abandoned vehicle report or affidavits as prescribed by this chapter.
D. A person in possession of a vehicle is not liable for obtaining a transfer of ownership of an abandoned vehicle if the person in possession of the vehicle complies with this chapter.
E. For the purposes of this section, to prove ownership of a vehicle a person must submit a government issued photo identification and at least one of the following:
1. A valid certificate of title.
2. Proof of current vehicle registration, not including a restricted use three-day permit.
3. A repossession affidavit, a hold harmless liability release from legal claims and, if applicable, a proof of lien on the vehicle.
4. An insurance company release pursuant to section 28-4847.
5. A certified motor vehicle record.
6. Proof of a bona fide security interest or other financial interest in the vehicle that exists at the time of the tow.
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