I sold my car & new owner banged it before transfer and then resells it

Sankar · 26th October 2010, 16:20

First transfer the vehicle to new owners name at the RTO.
Insurance has to be in the current owners (your) name.
After the TO is done, the new owner takes the RC book and the Insurance paper to the Insurance company and requests for a transfer of insurance. For transfer of insurance, a photocopy of the RC book with the page mentioning the new owner details is to be filed with the transfer request.
The insurance company may want to see the vehicle.

Again, for transfer of ownership the insurance has to be in your name, not the new owners. Atleast thats how its done here in Kerala. Without the new owner details added in the RC book, insurance companies here doesn't do the transfer to anybody's name. If name is not endorsed in the RC book on what basis would the insurance company transfer the insurance to someone?

Jaggu · 26th October 2010, 21:00

Quote:

Originally Posted by Tejas@perioimpl

i had to transfer the insurance to the new owner's name. It would also help me keep my no claim bonus.

I did not get this part, usually to keep NCB, you transfer the insurance to the new car you buy ie the original owner. And to do this, you either take a new comprehensive or 3rd party for the buyer. Atleast this is what i have done till date. And till date no inspection for 3rd party.

Use ICICI or something for new 3rd party, you can do it online in few minutes.

P180V1 · 26th October 2010, 21:18

Tejas, what Jaggu has mentioned is right. To save your NCB you first have to buy a new car & then transfer the NCB right. As far as the transfer at the RTO is concerned you first get the RC changed & then the Insurance guys will transfer the policy in the new owner's name, using the new ownership as proof. At least this is what we have been doing.

CHEERS,
G D

SS-Traveller · 26th October 2010, 21:39

Complicated situation, Tejas.

Ok, you've sold the car and have the delivery note, as well as, I presume, documentation establishing the buyer's identity.

Did you, or did you not, put anything down on paper saying you will transfer the car's insurance to the new owner, and are selling the insurance to him?

Usually the insurance transfer is a verbal agreement, and nothing's written down, which is the same with you I assume.

Fine. So tell the insurance co. that you've sold the car, show them the delivery note and new owner's identity, and keep your insurance for yourself. Transfer the remainder of the money (i.e. the proportional amount for the period Oct. 2010 to Feb. 2011) as part payment of insurance on any other car you have, or plan to buy. The NCB also stays with you, and can be utilized for insuring any new car over the next 3 years in your name. Get a NCB certificate from the insurance co. saying you are eligible to that NCB - it's a standard form.

Also report the fact of sale of the car in writing to the concerned RTO, with certified copies of the sale papers being deposited with them (usually a gazetted officer's stamp and signature will do). Get an acknowledgement from the RTO in writing that you have informed them (usually you have to do it in 15 days' time form the date of sale, but you can do it now too - it's not too late).

Whether the car's colour was changed, or it was totalled, after the date of sale, is not for you to worry about. It's the new owner's baby, his problem to get it reinsured/repaired/scrap/whatever.

If you are holding on to the original RC papers, and there is nothing in writing on the delivery note that says you haven't given the new owner the RC documents yet, relax. The onus is on him to come and get them from you, and when he does, make sure you have signed documentation and witnesses to verify that you actually did hand them over to him.

As to transferring the insurance to the new owner, or claiming on your insurance to repair the car, forget it. Let it be the new owner's headache. He can arrange for and get new insurance from anywhere, as well as pay for his own repairs. As far as you are concerned, the delivery note with its date and time absolves you of any further responsibility from that point onwards.

nitrous · 26th October 2010, 22:01

Quote:

. You have delivery note so you are not liable and since you are holding on to the original papers, you give the garage guy problems when he wants to resell the car. He said you will loose you NCB

+1

1. Not worth the hassle. Forget the NCB or use the Delivery note for the NCB.
2. Have a word with a lawyer and see if you can get some documentation to relieve you of any legal problems that could arise from the accident. It could have probably been a fatal one.

anjan_c2007 · 26th October 2010, 22:14

Quote:

Originally Posted by Tejas@perioimpl

- speak to another insurance agent and get a second opinion regarding the NCB

- meet a contact at the Police HQ over the weekend

- subsequently file an FIR and send copy to insurance co and RTO.

Quote:

Originally Posted by suhaas307

Tejas,

You're in quite a sticky situation!

The first thing you should do is approach the garage-wala/present owner of the car and settle it with them in front of the insurance agents. Put the facts down in front of them and make yourself clear enough. If they refuse, warn them that you're going to approach the police and if they still refuse to budge, file an FIR.

The answers to your questions:

- The cops better oblige. Every citizen is given the right to file a complaint if he feels that his rights have been violated.

- It's unlikely that the insurance company would recognize the FIR and take action (retaining of NCB), but it's worth a try!

- You have to submit the documents along with a copy of the FIR.

Now it's time you make a couple of calls!

All the best!

Thats a mess which the two buyers have created for themselves. The delivery note with date and time of delivery signed by the Vendor (you) and the Buyer (he) is the only valid legal document that bails you out.

-file a FIR with the police station under whose jurisdiction the delivery note was made.The FIR should state the new owner's lapses and acts of omission.Further you can say that he met with an accident and did not file any FIR as is necessary, but sold the motor vehicle without valid papers to a new buyer.The new buyer (for Rs 65 K) also gets into the trap.

-if police refuse to co-operate you can hire a good criminal lawyer who will file a case under relevant sections of the Criminal Procedure Code (Cr PC), Transfer of Property Act and Motor Vehicles Act. The court will serve a notice to both the buyers and also the police station head (for refusing to file FIR). Your prayer in the petition can state that the specific reliefs you want are:-
(1) The owners be directed by the court by an interim order to transfer the ownership of the motor vehicle from their respective dates of ownership.
(2) Any punishment under relevant provisions of law to the two erring owners by an interim order.
(3) Compensation to the tune of Rs ______ (as deemed fit) for causing mental agony,harassment, torture and unending woes to the applicant.
(4) Direct the police station (SHO) to file your FIR and investigate by an interim order.

If the police do not register a FIR the Cr PC has a provision wherein the Judicial Magistrate directs the police to file one and also reprimands the department.
The NCB procedures will follow once the FIR is filed or else the Magistrate issues some interim direction to the erring parties.

GTO · 27th October 2010, 18:33

Tejas,

First, absolve yourself of any liability. Make two sets of all the sale documents (copies only) and mail it (regd. with AD postal service) to the RTO & the local police station. Don't worry, you have given possession of the car to the new owner, signed on all the transfer papers and have proof of payment (presumably). Your responsibility ends here.

Second, change your insurance agent. The delivery note is all you need to claim NCB. If he has not claimed insurance, good. Tell your company that the car is sold, send them the delivery note and take a refund on the remainder of the policy.

vivekiny2k · 27th October 2010, 19:03

I don't understand. NCB is "no claim" bonus. You should get it if you don't claim anythine on the insurance.

you should still get it if you total the car and decide not to claim the insurance.

Tejas@perioimpl · 28th October 2010, 11:10

Go to my local police station and explain my situation to the officer at the desk.

At first he's like, forget it you have the delivery note. I tell him, i need to be safe. Then he gets all agitated and says that all you guys want to be safe and just increase work for them. Then he talks about jurisdiction saying go the the police station where you bought the car, etc

Then i flash him my I-card and he does a u-turn.

My complaint is lodged. I'm served cutting chai. Meet the inspector in charge in his cabin who calls up his counterpart in the police station where the garage is located.

Next day i get a call that the owner was called to report to the station and on being given a rude answer, he was "picked up". They didn't go into details of what happened then. But in the evening i got a call from my agent that Bajaj Insurance got a call and they got to inspect the car.

I will get the transferred insurance papers today and the bunch of documents will be collected by WIAA for transfer by evening.

black12rr · 28th October 2010, 11:42

Quote:

Originally Posted by Tejas@perioimpl

Then i flash him my I-card and he does a u-turn.

Boss , yeh kya hai ? .Enlighten please .

Tejas@perioimpl · 28th October 2010, 11:45

Quote:

Originally Posted by black12rr

Boss , yeh kya hai ? .Enlighten please .

It's, well, umm.... Can't say <censored>

I could tell you but i'd have to kill you then!

EDIT: Guesses won't work. PS: Lawyers don't carry I cards.

Tejas@perioimpl · 28th October 2010, 12:25

Quote:

Originally Posted by planet_rocker

Was the hypotheication information (if any) cleared for your car - because that information is usually mentioned in the Insurance papers & Registration Smart Card.

Ten year old OHC. No hypotheication. And it's a book type one not smart card.

honeybee · 30th October 2010, 21:26

Quote:

Originally Posted by Tejas@perioimpl

I sold my red OHC a month ago to a guy. I kept all the papers and was gonna do the transfer. Before the RTO could process the transfer, i had to transfer the insurance to the new owner's name. It would also help me keep my no claim bonus.

I believe the RTO Transfer has to happen first, before the insurance policy can be endorsed/changed. I have sold my earlier M800 and got my current Santro from my uncle, so in both the cases I have been told by the RTO agents/Insurance companies to first complete the RTO formalities and then get the insurance work done. How come you were asked to do the opposite?

Also while selling, you should hand over the car only after you have got the full payment, and then too against a signed / dated delivery note from the buyer. This will avoid hassles in such incidents.

Tejas@perioimpl · 30th October 2010, 22:16

Quote:

Originally Posted by honeybee

Also while selling, you should hand over the car only after you have got the full payment, and then too against a signed / dated delivery note from the buyer. This will avoid hassles in such incidents.

I handed over my car after full DD payment and a signed delivery note. Anyways, this matter is now done. Mods please close this thread.

Note from Moderator: Thread closed as issue is resolved.

26th October 2010, 16:20	#16
Sankar Senior - BHPian Join Date: May 2005 Location: Location Posts: 5,766 Thanked: 9,053 Times	First transfer the vehicle to new owners name at the RTO. Insurance has to be in the current owners (your) name. After the TO is done, the new owner takes the RC book and the Insurance paper to the Insurance company and requests for a transfer of insurance. For transfer of insurance, a photocopy of the RC book with the page mentioning the new owner details is to be filed with the transfer request. The insurance company may want to see the vehicle. Again, for transfer of ownership the insurance has to be in your name, not the new owners. Atleast thats how its done here in Kerala. Without the new owner details added in the RC book, insurance companies here doesn't do the transfer to anybody's name. If name is not endorsed in the RC book on what basis would the insurance company transfer the insurance to someone?
	() Thanks

26th October 2010, 21:18	#18
P180V1 BHPian Join Date: Dec 2007 Location: Bangalore Posts: 143 Thanked: 4 Times	Tejas, what Jaggu has mentioned is right. To save your NCB you first have to buy a new car & then transfer the NCB right. As far as the transfer at the RTO is concerned you first get the RC changed & then the Insurance guys will transfer the policy in the new owner's name, using the new ownership as proof. At least this is what we have been doing. CHEERS, G D
	() Thanks

26th October 2010, 21:39	#19
SS-Traveller Distinguished - BHPian Join Date: Jan 2009 Location: New Delhi Posts: 8,162 Thanked: 27,120 Times View My Garage	Complicated situation, Tejas. Ok, you've sold the car and have the delivery note, as well as, I presume, documentation establishing the buyer's identity. Did you, or did you not, put anything down on paper saying you will transfer the car's insurance to the new owner, and are selling the insurance to him? Usually the insurance transfer is a verbal agreement, and nothing's written down, which is the same with you I assume. Fine. So tell the insurance co. that you've sold the car, show them the delivery note and new owner's identity, and keep your insurance for yourself. Transfer the remainder of the money (i.e. the proportional amount for the period Oct. 2010 to Feb. 2011) as part payment of insurance on any other car you have, or plan to buy. The NCB also stays with you, and can be utilized for insuring any new car over the next 3 years in your name. Get a NCB certificate from the insurance co. saying you are eligible to that NCB - it's a standard form. Also report the fact of sale of the car in writing to the concerned RTO, with certified copies of the sale papers being deposited with them (usually a gazetted officer's stamp and signature will do). Get an acknowledgement from the RTO in writing that you have informed them (usually you have to do it in 15 days' time form the date of sale, but you can do it now too - it's not too late). Whether the car's colour was changed, or it was totalled, after the date of sale, is not for you to worry about. It's the new owner's baby, his problem to get it reinsured/repaired/scrap/whatever. If you are holding on to the original RC papers, and there is nothing in writing on the delivery note that says you haven't given the new owner the RC documents yet, relax. The onus is on him to come and get them from you, and when he does, make sure you have signed documentation and witnesses to verify that you actually did hand them over to him. As to transferring the insurance to the new owner, or claiming on your insurance to repair the car, forget it. Let it be the new owner's headache. He can arrange for and get new insurance from anywhere, as well as pay for his own repairs. As far as you are concerned, the delivery note with its date and time absolves you of any further responsibility from that point onwards. Last edited by SS-Traveller : 26th October 2010 at 21:45.
	() Thanks

27th October 2010, 18:33	#22
GTO Team-BHP Support Join Date: Feb 2004 Location: Bombay Posts: 70,497 Thanked: 300,308 Times View My Garage	Tejas, First, absolve yourself of any liability. Make two sets of all the sale documents (copies only) and mail it (regd. with AD postal service) to the RTO & the local police station. Don't worry, you have given possession of the car to the new owner, signed on all the transfer papers and have proof of payment (presumably). Your responsibility ends here. Second, change your insurance agent. The delivery note is all you need to claim NCB. If he has not claimed insurance, good. Tell your company that the car is sold, send them the delivery note and take a refund on the remainder of the policy.
	() Thanks

27th October 2010, 19:03	#23
vivekiny2k Senior - BHPian Join Date: Feb 2005 Location: cincinnati, jabalpur,chennai Posts: 1,264 Thanked: 209 Times View My Garage	I don't understand. NCB is "no claim" bonus. You should get it if you don't claim anythine on the insurance. you should still get it if you total the car and decide not to claim the insurance.
	() Thanks

28th October 2010, 11:10	#24
Tejas@perioimpl Distinguished - BHPian Join Date: Sep 2008 Location: Bombay Posts: 4,423 Thanked: 9,581 Times View My Garage	Go to my local police station and explain my situation to the officer at the desk. At first he's like, forget it you have the delivery note. I tell him, i need to be safe. Then he gets all agitated and says that all you guys want to be safe and just increase work for them. Then he talks about jurisdiction saying go the the police station where you bought the car, etc Then i flash him my I-card and he does a u-turn. My complaint is lodged. I'm served cutting chai. Meet the inspector in charge in his cabin who calls up his counterpart in the police station where the garage is located. Next day i get a call that the owner was called to report to the station and on being given a rude answer, he was "picked up". They didn't go into details of what happened then. But in the evening i got a call from my agent that Bajaj Insurance got a call and they got to inspect the car. I will get the transferred insurance papers today and the bunch of documents will be collected by WIAA for transfer by evening.
	() Thanks