• Old car sold by me is involved in an accident

Dear Sir /Madam,

I had exchanged my old Car for a new car about an year back through a reputed dealer. HE claims that he sold the old car to another person by means of auction.Unfortunately the name change has not been done and the old car is involved in an accident . The affected person has filed a case and I am the second respondent in the case as the name change has not happened.( court has issued me summon letter).
I have a letter issued by the dealer stating that I have exchanged the car for a new car.Registration number, engine number and chasis number is mentioned in the letter. I have sent the covering letter stating that I had exchanged my car before the accident took place,
copy of court summons, letter issued by the dealer by registered post 
to the Court as I am unable to go in person to the court. Will my name will be removed from the list of respondents?Else do I have to engage a lawyer to get out of this problem? Please advice.
Thank you .
Asked 5 months ago in Civil Law from Chennai, Tamil Nadu
Once you have all the documents very safely to protect your interests, then what is the worry about attending the court.

However since it is a MACT case, you may engage the services of an advocate who will take care of all other issues. 

Never do the mistake of remaining absent from court for any reason or by anyone's misguidance 
T Kalaiselvan
Advocate, Vellore
13985 Answers
127 Consultations
5.0 on 5.0
The summon letter that I have been issued is the first summon

Yes take that letter or summon to an advocate and engage his services to represent you before the court and you can remain absent after that by only keeping in touch with your advocate regularly about this.
T Kalaiselvan
Advocate, Vellore
13985 Answers
127 Consultations
5.0 on 5.0
Hi
You will have to engage a lawyer to defend you ,your defense should be filed in reply in the court. 
Was an insurance existing at the to me of the accident,if so th details of the insurance should be submitted in the court àling with the  letter of transfer.
Do you have  a copy of transfer papers signed by you for the RTO  purpose.is the same send to court by post as you mentioned.
If a vàlid insurance at the time of accident is not proved , you will be held  liable for third party çlaims.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
1) you may have exchanged your car and have all the supporting documents but  since name change has not been recorded in RTO you would continue to be liable 

2) did you inform RTO within period of 314 days that you are no longer owner of the car?

3)According to the Indian Motor Vehicle (IMV) Act , 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.

4) The transferor is required to fill Form 29 while the transferee is required to fill in the Form 30,

5)as your name is reflected in RC book you would be liable for payment of compensation 
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
5.0 on 5.0
you need to engage a lawyer to appear on your behalf and also appear personally in court
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
5.0 on 5.0
Hello,
1) You have to engage a lawyer to represent you in the court and present your case. Your sending a reply post id not acceptable and will never reach the court.

2) Although the dealer have you a letter about exchange of cars it was still your responsibility to ensure that the car for registered the new purchaser's name. You can certainly hold the dealer responsible for not having taken proper steps as you had given it in exchange.

3) If the car has a valid insurance, you have no cause of concern. Engage a lawyer locally and let the dealer compensate you for legal expenses.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
1. You ought to have informed the RTO under section 50 of Motor Vehicles Act about the transfer of ownership. If the transfer has not been incorporated in the records then you continue to be the owner of the vehicle for all legal and practical purposes. The liability would attach to you if the title has not been transferred in the records of the RTO.

2. You should now apply to the court through your lawyer to strike your name out from the list of defendants if you have the delivery note. 
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
5.0 on 5.0

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