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View Full Version : My car was in an accident I was not driving am I guilty ?


chicago_123
Dec 15, 2009, 06:49 PM
I sold (cash) my car to a friend over a year ago. Now I get a court date stating that "my car" was involved in an accident and that I owe money to some insurance company because the car was still registered under my name and address. I don't know where my friend lives now or how to reach him. How can I solve this? Am I responsible for this charges?

JudyKayTee
Dec 15, 2009, 07:02 PM
It's your car. You should have insured it - or transferred it out of your name. Yes, you are partially responsible for paying for the damages. A claim will be made against you as the Defendant owner and your "friend" as the Defendant driver.

If the car is not insured then your drivers license can be suspended until you pay the damages - because you were uninsured.

You need to hire someone to find your "friend."

Fr_Chuck
Dec 15, 2009, 07:51 PM
When you sell a car you really have no control over the other person selling it, I have had several cars over the years never get put out of my name when I sold them. One was used in a crime once, another left on the side of the highway a few years latter.

But there is no problem, since you are required by law to do all car sales in writing ( at least a reciept) all you do is provide them the bill of sale and receipt where you sold this car to your friend..

If you can't provide the bill of sale and receipt, and can't find your friend, most likely you may be responsible

JudyKayTee
Dec 16, 2009, 07:31 AM
In NY the day you sell your car you cancel the insurance and DMV takes care of cancelling the plates and registration, taking them out of your name.

If the car was not on the road, agreed, you have little control over the next owner.

this8384
Dec 17, 2009, 11:01 AM
I sold (cash) my car to a friend over a year ago. Now I get a court date stating that "my car" was involved in an accident and that I owe money to some insurance company because the car was still registered under my name and address. I dont know where my friend lives now or how to reach him. How can I solve this? Am I responsible for this charges?

As already noted, if this was over a year ago, the registration should have expired. Actually, the license plates which were in your name never should have left with the vehicle.

Do you have a bill of sale showing that you sold the vehicle? Did you make a copy of the signed title before giving it to your friend?

Fr_Chuck
Dec 17, 2009, 06:17 PM
On the license plates in some US states the plates go with the car, and are left on when you sell it, In other states the plates stay with the owner and are taken off when you sell it.

this8384
Dec 18, 2009, 08:24 AM
On the license plates in some US states the plates go with the car, and are left on when you sell it, In other states the plates stay with the owner and are taken off when you sell it.

True, but the OP stated that it was over a year ago when they sold the car. I would have to assume they didn't renew the license plates, which would mean registration had expired - unless it was less than a year ago and the OP was mistaken.

But as you and I both said, they should have a bill of sale proving that the car was no longer legally their property. Wait and see if they return to clarify, I guess... :)

ScottGem
Dec 18, 2009, 08:31 AM
Just to summarize, the issue here is whether you have a signed bill of sale. If you can prove you sold the car prior to the date of the accident, then you are off the hook. If you can't, then you are on the hook and you may have to sue the friend to recover what you will be required to pay.

JudyKayTee
Dec 18, 2009, 09:09 AM
Just a note - if the car is still registered in OP's name he will be sued and will have to defend. His evidence, of course, will be the paperwork for the sale of the car.