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If the car is not purchased and the accident is caused, if the purchased vehicle is complete, the driver who caused the accident shall be liable. If the purchased vehicle is incomplete, scrapped or assembled, the driver and the original owner shall be jointly liable.
According to the Tort Liability Act
Article 50 Where a motor vehicle has been transferred and delivered by the parties by means of sale or other means but the transfer of ownership has not been registered, and the traffic accident occurs that belongs to the responsibility of the motor vehicle, the insurance company shall compensate within the limit of the liability of the compulsory insurance for motor vehicles. For the insufficient part, the transferee shall be liable for compensation.
Article 51 Where a motor vehicle assembled or has reached the scrapping standard is transferred by way of sale or sale, and damage is caused by a traffic accident, the transferor and the transferee shall be jointly and severally liable.
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—Mr. Lan, a reader from Tiexi District.
Help you ask]: Liu Haibo, a lawyer at Liaoning Promotion Law Firm, said that if the transaction is true, as long as the vehicle is transferred, its ownership will be transferred accordingly, so if the vehicle has an accident, the final car buyer should be held responsible, and Mr. Lan has nothing to do with it. However, when the car buyer has a relatively large traffic accident, if the insurance company does not bear or bears part of the part, and the car buyer escapes or is unable to bear the responsibility, the car's account is still the name of the car seller, and there will be certain troubles.
Therefore, Mr. Lan should keep the evidence of the sale of the vehicle. In terms of handling the transfer, if the other party still does not cooperate, Mr. Lan can file a lawsuit with the court to require the buyer to cooperate with the transfer. It is also recommended that when trading second-hand motor vehicles, adhere to the principle of "paying money with one hand and transferring ownership with one hand".
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Legal Analysis: The driver of the motor vehicle is responsible for the traffic accident caused by the sale of the car. According to the laws of China, if the damage caused by a traffic accident occurs without registration, and the motor vehicle is the responsibility of one party, the transferee shall be liable for compensation.
Legal basis: Civil Code of the People's Republic of China
Article 1210 Where a motor vehicle has been transferred and delivered by sale or other means between the parties but has not been registered, and damage is caused by a traffic accident, and the motor vehicle is the responsibility of one party, the transferee shall be liable for compensation.
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If the ownership of the car has not been transferred, but it has been delivered to the transferee, and there is a traffic accident, and the motor vehicle is the responsibility of the party, the transferee shall bear the liability for compensation. The original owner is not liable for any damage caused by a traffic accident involving a motor vehicle.
Legal Basis Article 1210 of the Civil Code is scattered, and the parties have transferred and delivered the motor vehicle by sale or other means but have not been registered, and the damage caused by a traffic accident is caused by a party to the motor vehicle, and the transferee shall be liable for compensation. The above is the relevant answer to the question and the legal basis, you can read it carefully. ”
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If it is the responsibility of one party to the motor vehicle, the transferee is responsible for the accompaniment, that is, the person driving the vehicle. Since the vehicle has been delivered, the original owner can neither control the operation of the vehicle nor obtain benefits from the operation of the vehicle, so the original owner should not be liable for the damage caused by the traffic collapse accident of the motor vehicle.
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Legal analysis: If the owner of the car seller is not transferred, and a traffic accident occurs, the responsibility shall be borne by the driver of the motor vehicle. According to the laws of our country, if a traffic accident causes damage to the reputation of the motor vehicle without registration, the transferee shall be liable for compensation.
Legal basis: Article 1210 of the Civil Code of the People's Republic of China Where the parties have transferred and delivered a motor vehicle through sale or other means, but have not been registered, and the damage caused by a traffic accident is the responsibility of one of the parties to the motor vehicle, the transferee shall be liable for compensation.
Whether it's a gift or a second-hand motorcycle, the transfer process is the same. And it's the same all over the country. Here's a quick description: >>>More
Hello, if you buy or sell a vehicle, it is best to transfer the ownership directly, so as not to cause disputes between the two parties if there is a problem.
You can inform the other party that if the transfer of ownership is not made in time, and there is no registration of the vehicle owner of the vehicle management office, then it is very difficult to prove that he is the actual owner, and it will be very difficult for the other party to carry out vehicle inspection and trading in the future, and the two parties should still handle the transfer registration in a timely manner in accordance with the provisions of Article 7 of the Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China. If the other party still does not cooperate with the transfer, it can be resolved by litigation: requiring the other party to perform the transfer obligation. >>>More
Hurry up and sue, be careful that he sells two cars.
If you want to keep the vehicle license plate, you can only transfer the vehicle license plate to the new car, but the owner needs to be the same information, and the vehicle number plate can also be retained when the transfer is made.