Is the original owner liable for accidents involving a vehicle that hasn't been transferred?
3 Answers
In the event of a traffic accident involving a second-hand car that hasn't undergone ownership transfer, the responsibility does not lie with the original owner but is directly related to the driver of the vehicle involved in the accident. Below are the relevant legal provisions: Article 50 of the "Tort Liability Law of the People's Republic of China": If the parties have transferred and delivered the motor vehicle through sale or other means but have not completed the ownership transfer registration, and a traffic accident occurs for which the motor vehicle is at fault, the insurance company shall compensate within the compulsory insurance liability limit of the motor vehicle. Any insufficient amount shall be borne by the transferee. Article 51: If a motor vehicle that has been assembled or has reached the scrapping standard is transferred through sale or other means, and a traffic accident causing damage occurs, both the transferor and the transferee shall bear joint liability.
If an accident occurs before the car ownership is transferred, the original owner is likely to be held responsible. This is common in legal cases because the vehicle is still registered under the original owner's name, and the insurance policy may not have been updated. I remember a case last year where a guy sold his car without transferring the ownership, and the buyer hit someone. The victim's family sued the original owner, claiming he failed to manage the vehicle properly. The original owner spent months in court to clear his name, losing both money and energy. So, when buying or selling a used car, make sure to transfer the ownership promptly to avoid unnecessary trouble. If an accident happens, the police and insurance company will first check the registration details, and the original owner will have to prove they're not at fault. This lesson highlights the importance of ownership transfer—don’t cut corners and end up in a mess.
From the perspective of our daily driving, if a vehicle is involved in an accident before the ownership is transferred in time, the original owner is likely to be implicated. If the ownership records are not updated, the responsible parties for the vehicle accident may include the original owner. When insurance companies handle claims, they might revisit past records and suspect the original owner of fault. My neighbor experienced this firsthand—after selling his car, the buyer hit someone, and the victim pursued compensation, forcing the original owner to mediate. Ultimately, transferring ownership is a shield that protects both buyers and sellers; delaying it can lead to trouble. It is recommended to complete the transfer procedures at the DMV immediately after the transaction to avoid future complications. Additionally, keep records of the transaction time and buyer information; in case of any incidents, this can help prove your innocence.
