No you are not in trouble.
as and when you get a notice from the court, you may go to the court and inform the court about the status.
regards
Dear Professionals, I have sold my vehicle on 10 January, 2019. I handed over the vehicle only after name transfer in the RC book (insurance name was not transfered). On 16th January, 2019 after 6 days of the sale the present owner of the car made an accident and one person died. On 24/09/2019 only (yesterday) I was informed about the accident that too by the third party (unknown person). The same car had met an accident earlier. I have given my vehicle to a showroom driver for servicing. He made an accident. One person died on spot. There were few claims made through insurance. There is separate case is going on court. Am I in trouble sir? Is there any precautionary things that I have to do. Issac
No you are not in trouble.
as and when you get a notice from the court, you may go to the court and inform the court about the status.
regards
See if RC is transferred then in that case you don't have any liability the complete liability after sale is of the new owner.
In case you are called before court or police you can present copy of RC as proof before the court.
Not at all, but whenever you got summon from the court for the appearance then go to the court with all the proof of the sale , if the name has been changed in RC obtain a copy of the same and present to the court, when required.
As a owner you are liable to compensate the injured through your insurer .
Regards
G.Rajaganapathy
Lawyer
High Court of Madras
It is the responsibility of the transferor to make sure that the vehicle registration has been changed in the name of the transferee,
2) According to the Indian Motor Vehicle (IMV) Act 50, the transferor has to intimate the Regional Transport Offices (RTO) within 14 days of the transfer of ownership. Similarly the Act also instructs the transferee to inform the RTO about the change in vehicle ownership and produce all the required documents within 30 days of the transfer.
3) . The transferor is required to fill Form 29 while the transferee is required to fill in the Form 30,
4) if vehicle is involved in major accident owner whose name is reflected in RC book would be held liable
5) in your case name has been transferred in RC book in name of buyer then he would be held liable
6) subsequent purchaser was under an obligation to get the vehicle and insurance policy transferred in his name within 14 days from the date from the date of transfer of registration certificate in his name for claiming damages to the vehicle.
7) In the case of New India Assurance Co. Ltd. v. Dalip Kumar, IV (2011) CPJ 579 (NC), Hon'ble National Commission has observed that "transferee fails to inform Insurance Company about transfer of Registration Certificate in his name - Policy is not transferred in name of transferee then // 13 // Insurance Company cannot be held liable to pay claim in case of own damage of vehicle - Insurance Company justified in repudiating the claim."
Once name in RC transfers to buyer, seller is exonerated from any liability. Hope insurance policy also transferred.
Generally till the transfer of the said vehicle liability comes on owner. Owner needs to inform police and rto that he had sold the same and the new owner is not transferring the same
You have authenticated document that car has been sold and Insurance details where handed over to new owner, so it was his responsibility to take care or change to name on insurance papers.
Now the concern about 1st accident when it was given for servicing in the showroom. If you have police accident report with you for both the accident than no need to worry.
Kindly check police accident report and whose fault is mentioned in it.
Dear Sir,
It is very important for seller to transfer the vehicle on buyer's name Hence seller should be do transfer the vehicle on buyer name because it is the safe thing for uncertain incident.
If somebody sells her/her vehicle then it is to be communicated to the registering authority within 14 days by submitting a prescribed form. This form contains a signature of purchaser. It means it is a joint responsibility. But for any reason the vehicle is NOT transferred, then all legal responsibility lies with the owner whose name is there in official records of registering authority.
Many times people sell their vehicle to agents and then agents sell it to somebody. And while doing this blank forms signed by previous owner are forwarded to next owner to avoid the transfer cost and to save the time and trips to RTO office. It is dangerous practice. If anything goes wrong the agents/ middle men will not share any responsibility.
So it is better to do the paperwork on time, each time to save oneself.
I recommend you to read the Form29and 30 carefully to understand the responsibility.
You can send a legal notice to a buyer if he is not cooperating. RTO will recover a late fee/ compounding fee for late submission of transfer documents. This fee is small but your legal responsibility is much bigger.
Have you sold your car and forgot to change the ownership in registration records? If yes, you have invited trouble for yourself. For, it is you – the original owner – who would be liable for compensation claims arising from any accident involving the car even if it is now being owned and driven by another person, as per a recent ruling by the Supreme Court.
1.If criminal case regarding accident case for rash and negligence driving resulting to injuries sustained to any person is pending in criminal court , in that case you can not sell your vehicle because the vehicle was released by the criminal court after furnishing an understanding by the owner that he will not sell the vehicle till the pendency of case . You can only sell the vehicle after getting permission of the court.
2.SC Holding that despite the transfer of ownership of vehicle, unless the name of the owner was changed in the registration certification of the vehicle, the former owner continues to be liable to third parties in respect of claims for insurance in motor vehicle accident, the Supreme Court referred to its earlier decisions to hold the former owner liable on account of his name being still on the registration certificate of the vehicle.
Now you are not liable for the same.
If the accident took place after you had duly transferred the ownership to the purchaser, you are not liable in law. Only the present owner is liable. If there is any police enquiry, produce all the relevant documents to them for verification.
No need to worry if you sold the car with proper transfer procedure and RC transfer.
The new owner is liable for accident.
Since you have got the car transferred to the buyer's name immediately after selling the same to him, you are not liable for claim or case on you in the accident caused by the buyer.