What to Do If an Accident Occurs After Selling a Used Car Without Transferring Ownership?
2 Answers
If an accident occurs during the period when the buyer is managing and using the car, and the original owner is not at fault, the buyer should bear the liability for compensation. Since vehicles fall under the category of movable property, the transfer of ownership registration for vehicle sales is not a public method of ownership change but rather an administrative measure. Therefore, in the sale of motor vehicles, as long as the vehicle has been delivered to the buyer, the ownership of the vehicle is immediately transferred, and the lack of transfer registration does not affect the transfer of ownership and risk assumption. Below is more information about used car ownership transfer: 1. What to do if major quality issues are discovered after the transaction is completed: Whether buying from an individual or a brokerage company, if quality issues are found after the transaction is completed, there will be no compensation, and repairs must be done at one's own expense. However, some certified used cars purchased from 4S stores that offer warranties may be eligible for claims. 2. What to do if the vehicle cannot be transferred after payment: If the ownership transfer cannot be processed after payment, unless the original owner agrees to a refund, there is no remedy. It is recommended to conduct thorough investigations into the vehicle and the owner's situation before payment to ensure the vehicle's source and the owner's identity are legal, and the vehicle's documents are complete and valid. Then, before payment, purchase a used car sales contract from the local market, read and fill it out carefully by both parties to avoid such situations. 3. How to assume responsibility for traffic accidents involving privately transferred assembled or scrapped vehicles: According to Article 1214 of the Civil Code, if a traffic accident causing damage occurs after the transfer of an assembled or scrapped motor vehicle through sale or other means, both the transferor and the transferee shall bear joint liability.
A friend just asked me about this yesterday - he sold his car but didn't complete the ownership transfer, and now it's been involved in a pedestrian accident. This situation is indeed quite troublesome. Legally, the car is still registered under your name, so you'll be primarily held responsible for the accident. I strongly recommend immediately contacting the buyer to handle the accident. If they refuse to cooperate, you must report to the police right away. Remember to bring solid evidence like the sales contract and payment receipts to explain the situation to traffic police, proving the vehicle was already delivered to the buyer. I've seen too many similar cases where original owners ended up spending extra on legal fees to reclaim damages through lawsuits - it's an enormous waste of time and energy. Always remember to complete ownership transfer immediately upon vehicle delivery, even with relatives or friends - never cut corners, or you'll face endless troubles!
