The second hand car has not been transferred, and who is responsible for the traffic accident

If a traffic accident occurs in a second-hand car that has not been transferred, the transferee shall be liable for compensation if it is the responsibility of the party responsible for the motor vehicle.

If the damage is caused by a traffic accident, the insurer who underwrites the compulsory insurance of motor vehicles shall first compensate within the limit of liability of the compulsory insurance, and the transferee shall bear all the liability for compensation for the insufficient part.

The Civil Code stipulates that if 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 the responsibility of one party to the motor vehicle, the transferee shall be liable for compensation.

As for the original owner, although he is the registered owner, he has lost his control over the operation and operation of the car because of the delivery of the car, and the car is actually out of his control, so the original owner is not at fault for a traffic accident that occurs during the buyer's management and use of the car, and the buyer should bear the liability for compensation.

If a traffic accident occurs with a second-hand car that has not been transferred, the assignee is generally responsible. If the transferee has a traffic accident while driving a motor vehicle before the transfer of ownership is completed, and it is also a liability of the motor vehicle, the insurance company shall compensate within the liability limit and scope of the compulsory traffic insurance, and the transferee will be liable for the excess part.

If 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 the responsibility of one party to the motor vehicle, the transferee shall be liable for compensation. According to the relevant laws and regulations, if the parties have transferred and delivered the motor vehicle by way of sale and other means, but have not completed the registration of the transfer of ownership, and the traffic accident is the responsibility of the motor vehicle, the insurance company shall compensate within the limit of the liability of the compulsory insurance of the motor vehicle. For the insufficient part, the person who is involved in the cracked canton shall bear the liability for compensation.

If the vehicle is bought and sold and has been delivered, even if the vehicle has not been registered for the transfer of ownership in the event of a traffic accident, the person will not be held liable.

Legal basisArticle 1210 of the Civil Code of the People's Republic of China.

If 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 the responsibility of one party to the motor vehicle, the transferee shall be liable for compensation.

Legal analysis: if the parties sign a sales contract and actually deliver the vehicle, without going through the transfer procedures, if an accident occurs during this period, it is the responsibility of the party that is responsible for the motor car, and the buyer shall be liable.

Legal basis: Article 1210 of the Civil Code of the People's Republic of China If the parties have transferred and delivered the motor vehicle by way of sale or other disturbances but have not registered it, and the damage caused by a traffic accident is the responsibility of the motor vehicle, the transferee shall be liable for compensation.

Legal Analysis:1If the vehicle is involved in an accident, the original owner will also bear the corresponding legal responsibility or joint and several liability.

2.When the vehicle violates the violation, the original owner will also receive the violation information (in some places, the original owner needs to deal with the violation).

Legal basis: Article 18 of the Provisions on the Registration of Motor Vehicles: If the ownership of a registered motor vehicle is transferred, the owner of the motor vehicle shall apply to the vehicle administration office at the place of registration for transfer registration within 30 days from the date of delivery of the motor vehicle.

Before the owner of a motor vehicle applies for transfer of registration, the road traffic safety violations and traffic accidents involving the vehicle shall be dealt with.

Legal analysis: After the transfer of the vehicle, it is also necessary to go through the transfer procedures, if the transferee drives the motor vehicle before the transfer procedures are completed, and the transferee is responsible for the motor vehicle, then within the liability limit and scope of the compulsory traffic insurance, the insurance company will make compensation, and the transferee will be liable for the excess part. In other words, in general, if an accident occurs after the transfer of ownership of the vehicle, the responsibility is borne by the transferee.

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 by 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.

The civil liability for the occurrence of road traffic accidents is tort liability, and the principle of attribution should be applied to the principle of fault liability, so the basis for the parties to bear the responsibility must meet the constitutive elements of tort liability, that is, there is a causal relationship between fault, damage result, act and result. In the case where the sale and purchase of a car has not been registered but has been delivered for use, the buyer, as the actual owner, has actually taken possession of and used the car because the buyer already has possession of the car and has a de facto dominant position, and at the same time the interests of the car are also owned by the buyer.

In the event of a traffic accident caused by the sale of the vehicle to another person without the transfer of ownership, the original owner shall not be liable for compensation if there are no of the following circumstances.

In any of the following circumstances, the people's court shall find that the owner or manager of the motor vehicle is at fault for the occurrence of the damage and apply the provisions of the Tort Liability Law to determine its corresponding liability for compensation:

Knowing or ought to know that there is a defect in the motor vehicle, and the defect is one of the causes of the traffic accident; Knowing or should know that the driver is not qualified to drive or has not obtained the corresponding driving qualifications.

What should I do if the car is not transferred and there is a traffic accident?

If the car is sold but the ownership is not transferred, if there is an accident, you will be jointly and severally liable. In the second-hand car that can not be transferred, for the second-hand car that does not have compulsory traffic insurance and no annual examination can not be transferred, the problem is not big, but it is quite troublesome to buy a black car that cannot be transferred, first of all, the ownership of the vehicle is not their own, and the money they spend is in vain, and secondly, if an accident injures a third party, the compensation must be paid in full, because they cannot be insured.

Because it is an irregular vehicle, it will be stopped and subject to a high penalty, which will do more harm than good. Therefore, it is better to find a way to go through the transfer procedures.

[Legal Analysis].If both parties have signed a motor vehicle sales contract, and the actual delivery of the vehicle has not gone through the vehicle ownership transfer procedures, if the vehicle is involved in an accident, the actual transferee of the vehicle will be liable. Because the motor vehicle is movable property, the transfer of property rights is made by actual delivery.

Legal basisArticle 60 The traffic management department of the public security organ shall determine the responsibility of the party according to the role of the party's behavior in the occurrence of the road traffic accident and the severity of the fault. (1) Where a road traffic accident is caused by the fault of one of the parties, full responsibility shall be borne by the party; (2) Where a road traffic accident occurs due to the fault of two or more parties, they shall bear primary responsibility, equal responsibility and secondary responsibility respectively according to the effect of their actions on the accident and the severity of the fault; (3) None of the parties is at fault for causing the road traffic accident, and if it is a traffic accident, neither party is liable.

If one party intentionally causes a road traffic accident, the other party is not liable.

The above is only the current information combined with my understanding of the law, please refer to it carefully!

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.