[NomadSK]

Originally Posted by McLaren Rulez

So what happens in India if my friend borrows my car and is involved in a fatal accident? Is the friend off the hook completely?

No No, your friend or for that matter who ever is driving the vehicle is liable for the consequences. Even car insurance is paid. Anyone can drive anyone's car subjected to holding valid DL.

Owner faces the heat incase if his car is driven by someone else and it’s a hit and run case, in that scenario owner has to prove his innocence.

[McLaren Rulez]

Originally Posted by NomadSK

Owner faces the heat incase if his car is driven by someone else and it’s a hit and run case, in that scenario owner has to prove his innocence.

Ah that makes much more sense. It seems straightforward enough that a lawyer can convince a judge that the car was clearly not being driven by the OP.

[ReventonLover]

Originally Posted by vroom5346

Dear Community Members,

Given these circumstances, I humbly request your advice and suggestions on the best course of action to address this complex situation. Any insights or guidance from your experiences would be greatly appreciated.

Hello OP.

First, my sympathies with you as this is an ordeal that I wouldn't wish upon anyone.

Second, having worked in the used vehicle business, all I can say with certainty is that no paperwork maintained on the transfer of ownership (except the actual name transfer in RTO records) will be of any help as the law is clear that the buck stops with the registered owner of the vehicle (if they are not the same person), which is your father is this case. Reading your subsequent reports tells us that the judge in the first case was sympathetic to your cause and let it go with a fine. That being said, you can refer to sections 50 and 177 of the Motor Vehicles Act with your attorney. May provide some insight into the vehicle transfer process and consequences of failure to do so. Note: this is a file downloaded from an unverified source on the internet, please verify the authenticity of the same before quoting or extracting information from the document.


Third, for the compensation case, it is best to hire a good attorney and let the proceedings play out in the court. DO NOT COMMIT to anything, especially on behalf of the insurer of the vehicle (current or previous). The court will be the arbiter here and guide all the concerned parties. In such aggrieved times, the decision making is best left to the subject matter experts. An out-of-court settlement can also be pursued, but in my opinion, it almost equates to an admission of guilt and seldom staves off the problem in the long term. I'll let your lawyer/s be the judge of that.

Please note: no, I am not an experience professional in the legal domain (lawyer or anyone remotely related to courts of law). The suggestions and/or opinions here are based on my own personal accidents and / or experiences.

[CDM]

Originally Posted by vroom5346

I humbly request your advice and suggestions on the best course of action to address this complex situation

In every motor accident, there will be two separate proceedings. One, by the State concerned for the crime committed e.g. causing injury / death by rash driving. This is a criminal case and is conducted by the State since a crime is deemed to be a crime against the State and not the person injured / killed. Second, a compensation case by the person injured / killed (or his heirs in case of death). This is a civil case and is made before the concerned Motor Accident Claims Tribunal (MACT).

In the criminal case, only the driver who caused the accident is the accused and the owner cannot be impleaded (unless it can be shown that the owner allowed a minor, unlicensed person, etc. to drive).

In the civil case, the claim is made against the registered owner, and it makes no difference if the vehicle has been sold. Whatever paperwork is done is immaterial if the transfer with the RTO is not complete. The registered owner / insurer (if the vehicle is insured) will need to pay the compensation and thereafter claim the same from the buyer.

@vroom5346 Trust the above clarifies. Please consult a good lawyer who practices in your area and for heaven's sake do not go by all sorts of (absurd and incorrect) advice floating around.

Cheers

CDM

P.S. I am a lawyer

[amit1agrawal]

Originally Posted by PrasannaDhana

First thing the SI uttered was "Luckily you transfered the ownership, else you would have faced problems".

This is the only reason I don't want to sell my very old bike. It will be bought for pittance and I am nearly sure that the new owner won't care to transfer the bike to his name. I rather have it scrapped than sell it to anyone even If I get a decent amount.

[Jaguar]

Does a digital delivery note hold good for legal purposes? I sold my car to Spinny last week and I don't have any physical documents to show the sale. I do have emails and the sale agreement soft copy.

[Gansan]

Originally Posted by sid18

I sold my car recently on Spinny at a lower price offered than Cars24. The only reason to let go that 15K odd was the assurance I got from Spinny that they would make sure that the transfer happens within 180 days.

180 days is still unreasonably long. What if something happened in the meantime? What will Spiny do?

It will be better to use the car thoroughly, let the FC expire and then sell to some spare parts fellow who will take it apart. Then just buy a new car. No need to worry at all.

[thanixravindran]

Originally Posted by Gansan

It will be better to use the car thoroughly, let the FC expire and then sell to some spare parts fellow who will take it apart. Then just buy a new car. No need to worry at all.

Please do not do this without getting scrap approval from RTO by deregistering it and taking the engine & chassis stamping cut.

The spare part fellow will simply sell your engine to some one else and they won't record the engine change in their vehicle records. if that vehicle is involved in illegal activities, it will be traced back to you through RTO records. It is a pain to prove the scrap part.

And there is high level impersonation possible with your engine/chassis number and number plate which in Inactive in the RTO system. There are many brokers who leak this information. If any police enquiry comes, you won't be even show the unused expired vehicle.

[Gansan]

^^ Sure, the due process should be followed before selling as scrap. That goes without saying. I meant that will be more peaceful than selling the car and worrying about it.

Else sell it to a known person and personally ensure the transfer is completed.

My car's 15 years will be up in June. As of now I plan to renew the FC and use it for five more years since it is well maintained and has only 47k on the odo. I will keep it even if a new car is bought, then when the renewed FC expires perhaps will de-register and scrap it.

[pannags]

Originally Posted by PrasannaDhana

But it is our responsibility to check if the car we sold has been transfered to the new owner's name. We have so many apps including vahaan to check it.

Agree with you Prasanna, but the OPs transaction dates back almost a decade and a half. Back then, assurances of a seamless transfer of ownership were common, especially with exchange offers. Many still hold onto the belief that exchanging their old vehicle with a dealer is the most hassle-free option available.

On a separate but equally important note, I have always insisted on buyers of my cars to share a copy of the RC and insurance post transfer and they have obliged. In once case, it did need following up for close to 3 months.

Originally Posted by vroom5346

I hope this message finds you well. I am reaching out to share a troubling experience my family has faced concerning the sale of our Maruti 800 car back in 2011-2012, and I am seeking your guidance on the best course of action moving forward.

I know a colleague who went through a similar ordeal. They entrusted their scooter to their household help for a nominal fee, all paperwork meticulously prepared for the transfer. However, things took a grim turn when an accident occurred, leading to tragic consequences. Since then, they've been caught in a legal whirlwind, facing exorbitant settlement demands and endless turmoil.

Please seeking the guidance of a seasoned legal expert and engage their services. Remember, accountability lies not just with you but also with the dealership and the vehicle's supposed owner. Good luck.