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#1
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Liability issue on transfer of ownership of a car
I heard of a horror story about an old retired lady in California giving her
car to her nephew as a gift. A couple years later the nephew got into a car accident. The nephew was at fault, someone got injured and the old lady was held liable for the accident and had to pay a big sum of money to the injured party. Assuming that the title had been properly transferred to the Nephew, what else could have linked the old lady to the accident? any idea? How could one protect oneself from such future liability if one is to donate and give away one's car as a gift? Thanks for your opinion. |
#2
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Liability issue on transfer of ownership of a car
I suspect that the key is to make sure that the transfer of title is
registered. It might help to actually sell the car. FFM I12ask wrote: I heard of a horror story about an old retired lady in California giving her car to her nephew as a gift. A couple years later the nephew got into a car accident. The nephew was at fault, someone got injured and the old lady was held liable for the accident and had to pay a big sum of money to the injured party. Assuming that the title had been properly transferred to the Nephew, what else could have linked the old lady to the accident? any idea? How could one protect oneself from such future liability if one is to donate and give away one's car as a gift? Thanks for your opinion. |
#3
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Liability issue on transfer of ownership of a car
what else could have linked the old lady to the accident? Assuming the title was proper, the only thing I can think of would be if the lady knew that the car had a problem that affected its safety, but she negligently failed to disclose that fact to her nephew, which led to the accident. How could one protect oneself from such future liability You might want to post that question to a legal newsgroup, where you'd find more expertise in that area. James ++++++++++++++++++++++++++++++++++++++++++++++++ Remove "NOSPAM" from my address when sending me e-mail. ++++++++++++++++++++++++++++++++++++++++++++++++ - |
#4
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Liability issue on transfer of ownership of a car
Simply adopt the Canadian system. Before a new ownership
paper will be issued, a vehicle must be certified by a licensed garage to be road-worthy. JTK "JamesStep" wrote in message ... what else could have linked the old lady to the accident? Assuming the title was proper, the only thing I can think of would be if the lady knew that the car had a problem that affected its safety, but she negligently failed to disclose that fact to her nephew, which led to the accident. How could one protect oneself from such future liability You might want to post that question to a legal newsgroup, where you'd find more expertise in that area. James ++++++++++++++++++++++++++++++++++++++++++++++++ Remove "NOSPAM" from my address when sending me e-mail. ++++++++++++++++++++++++++++++++++++++++++++++++ - |
#6
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Liability issue on transfer of ownership of a car
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#7
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Liability issue on transfer of ownership of a car
I12ask wrote:
I heard of a horror story about an old retired lady in California giving her car to her nephew as a gift. A couple years later the nephew got into a car accident. The nephew was at fault, someone got injured and the old lady was held liable for the accident and had to pay a big sum of money to the injured party. Assuming that the title had been properly transferred to the Nephew, what else could have linked the old lady to the accident? any idea? How could one protect oneself from such future liability if one is to donate and give away one's car as a gift? It would not happen here. In order for the car to be on the road, there are supposed to be plates for it, and in order to get plates you have to have insurance. That raises the possibility that he was using illegal unauthorized plates. Our province seems the plate holder to be the owner of the vehicle, unless the plates are being used without the owners permission... stolen. It is always a good idea to remove your plates from a vehicle before handing over possession of the car, and to bill out the owner's portion of the transfer papers. |
#8
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Liability issue on transfer of ownership of a car
I heard of a horror story...
Perhaps we're getting ahead of ourselves here. Are you sure the story is even true? What's the source? James ++++++++++++++++++++++++++++++++++++++++++++++++ Remove "NOSPAM" from my address when sending me e-mail. ++++++++++++++++++++++++++++++++++++++++++++++++ - |
#9
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Liability issue on transfer of ownership of a car
On 28 Sep 2003 01:01:08 GMT, (I12ask) wrote:
I heard of a horror story about an old retired lady in California giving her car to her nephew as a gift. A couple years later the nephew got into a car accident. The nephew was at fault, someone got injured and the old lady was held liable for the accident and had to pay a big sum of money to the injured party. Assuming that the title had been properly transferred to the Nephew, what else could have linked the old lady to the accident? any idea? How could one protect oneself from such future liability if one is to donate and give away one's car as a gift? Thanks for your opinion. As told, the story simply dosen't have enough information. In California there are several steps in transferring title to a car. The first is that you, the owner, sign over the title to the new owner. Legally, once the new owner accepts the title the car is his, and he has a limited amount of time to got to DMV and submit the paperwork for a formal change of title. Meanwhile DMV continues to show you as the owner. But DMV has another piece of paper wherein you state that you have transferred title and to whom and you send that to the state. That provides notice that you no longer own the car. See http://www.dmv.ca.gov/forms/reg/reg138.htm the Notice of Release of Liability (REG 138). It's not clear in the story how the nephew manage to run around in the car for a couple of years without transfer of title. Maybe he just kept renewing the plates each year in his aunt's name. ************* DAVE HATUNEN ) ************* * Tucson Arizona, out where the cacti grow * * My typos & mispellings are intentional copyright traps * |
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