Motor sold car - buyer crashed next day uninsured

T

Thorin

Guest
What should I do about the following?

I have sold my car on Friday 19th and the buyer had an accident the next day, but did not have insurance. I have a sales contract signed by him as follows (i've xxed out personal data): Am I on the safe side? Should i contact Garda, etc...?

============================================

BILL OF SALE

I, xxxxxxxxx hereby certify that my wife, xxxxxxxxxx is the lawful owner of the vehicle named below:

BMW 323i Coupe with the registration xxxxxxxxxx and the VIN xxxxxxxxxxx

and also, that I have the authority to sell it. I hereby acknowledge the receipt of xxx EUR in the form of cash as full payment for the purchase of the said vehicle, which is sold

“AS IS”

I hereby state, that the mileage of the vehicle at the time of sale is xxxxxx

I do hereby grant sell and transfer full ownership of this vehicle to the buyer. I certify That this vehicle, at the time of sale is free from all encumbrances, taxes, fees and liens and that I (Seller) will defend and be held fully responsible for such lawful claims and demands with respect to the vehicle, if any.

The Buyer accepts full liability for the vehicle, damages and any third party liability incurred from the vehicle use from the date of sale.

============================================
 
Thorin said:
What should I do about the following?

I have sold my car on Friday 19th and the buyer had an accident the next day, but did not have insurance. I have a sales contract signed by him as follows (i've xxed out personal data): Am I on the safe side? Should i contact Garda, etc...?

============================================

BILL OF SALE

I, xxxxxxxxx hereby certify that my wife, xxxxxxxxxx is the lawful owner of the vehicle named below:

BMW 323i Coupe with the registration xxxxxxxxxx and the VIN xxxxxxxxxxx

and also, that I have the authority to sell it. I hereby acknowledge the receipt of xxx EUR in the form of cash as full payment for the purchase of the said vehicle, which is sold

“AS IS”

I hereby state, that the mileage of the vehicle at the time of sale is xxxxxx

I do hereby grant sell and transfer full ownership of this vehicle to the buyer. I certify That this vehicle, at the time of sale is free from all encumbrances, taxes, fees and liens and that I (Seller) will defend and be held fully responsible for such lawful claims and demands with respect to the vehicle, if any.

The Buyer accepts full liability for the vehicle, damages and any third party liability incurred from the vehicle use from the date of sale.

============================================
Click to expand...

Maybe I'm missing something here, but what do you want to do about it?

Somebody crashed a car that you previously owned,-- nothing whatsover to do with you.
 
That's my thinking, too...
I will keep this updated, as the story evolves...

They already began firing against me... They
say my insurance is still responsible.
 
An observation and a couple of questions :
  • The "bill of sale" may be worthless as the owner of the car prior to the sale detailed, your wife, is not party to it
  • Did your wife take her insurance disc from the car and cancel the insurance by informing her broker / insurer?
  • Was the RF101 signed by your wife and the purchaser and sent to Shannon?
http://www.askaboutmoney.com/showthread.php?t=120880
 
Thorin said:
They
say my insurance is still responsible.
Click to expand...

What reason are they giving for your insurance being responsible?
Its the onus of the driver to ensure that they are adequately insured to drive the vehicle not its previous owners?
If it was a garage it wouldn't be their insurance that covered the driver after they'd paid and collected the vehicle so why would it be yours?

I may ring my insurance company just to be 100% that no claim or contact has been made with them though if they are holding your policy open to a claim for it!
 
Yes, Insurance disk has been taken out and the Form has been signed, The buyer wanted to send it in, but I guess, as the sale is just a day ago, they did not do it yet.
 
Padraigb said:
I see no basis for involving your insurance company.
Click to expand...

The only reason I suggested contacting the insurance company is i've had experience of something similar in the past and they attempted to put it through my insurance as i'd stupidly forgotten to take my disc from the car when I traded it in - it was subsequently sold into the trade and crashed while in the traders possession. I knew nothing about the attempted claim until I got a copy of it in the post!
Just a precaution really...
 
Thorin said:
.. The buyer wanted to send it in, but I guess, as the sale is just a day ago, they did not do it yet.
Click to expand...
You handed the RF101 to the buyer? Your wife may be in trouble if you did. Unless it is received in Shannon, no change in ownership will be recorded. If the buyer has it in his possession, it is unlikely that the change in ownership will be recorded now after the accident.
 
I forgot to mention that the seller's responsibilities in the event of a private sale or trade-in / sale to a motor-trader are detailed clearly on the back of the RF101. Apologies.
 
Nothing whatsoever to do with the original owner. Except the need for a bit of excitement.
 
Thorin said:
That's my thinking, too...
I will keep this updated, as the story evolves...

They already began firing against me... They
say my insurance is still responsible.
Click to expand...

That is ridiculous.

Whether you had sold the car 1 minute,1 hour,1 day or 1 year before they crashed it, it no longer belonged to you.

You have the monies and the "bill of sale" to prove this, also I assume you ( or your wife) also signed the RF101. Unless they are saying that they stole the car they have no claim on your motor insurance.
 
Even if the RF101 was not sent it makes no difference. The form even says that the registered owner may not be the actual owner.

Someone is trying to pull a fast one in trying to avoid a charge of driving without insurance contrary to section 56 of the Road Traffic Act 1961 as amended.
 
Am I missing something here. You obviously took this car off your insurance. ie it was not insured with your insurance company the next day(the day of the accident). Where is the problem. How can they go near your insurance company?. If of course it was still under your insurance then there may be an insurance issue here. But unless you are completely stupid(no offence) then I assume you took it off your insurance straight away
 
kushrova said:
Am I missing something here. You obviously took this car off your insurance. ie it was not insured with your insurance company the next day(the day of the accident). Where is the problem. How can they go near your insurance company?. If of course it was still under your insurance then there may be an insurance issue here. But unless you are completely stupid(no offence) then I assume you took it off your insurance straight away
Click to expand...

Whether the insurance was stopped or not is IMO irrelevant.

Remember it is not the car that is insured but rather a person is insured to drive a particular car.

In this instance the new owner crashed the car................sigh!

Sorry I'm not going to carry on because the more I think about it the more I am beginning to suspect a troll.

I mean if sombody buys a car and the following day/month/year they crash it how the hell is the previous owner responsible?? (assuming the car was sold with no inherent fault).
 
Thorin said:
That's my thinking, too...
I will keep this updated, as the story evolves...

They already began firing against me... They
say my insurance is still responsible.
Click to expand...

Got nothing to do with you. Don't give them your insurance details either. They are stuffed, and just clutching at straws. Probably badly advised by someone else.
 
Capt. Beaky said:
Nothing whatsoever to do with the original owner. Except the need for a bit of excitement.
Click to expand...
Trolls generally like excitement. An attention seeking exercise to boost their pathetic lives.

SparkRite said:
.......

Sorry I'm not going to carry on because the more I think about it the more I am beginning to suspect a troll ............
Click to expand...
Una voce SparkRite ;)
 
Thanks lads, I have involved Garda, as they came to my house trying to force me to make a new contract with the milage after the accident and a new date....

Garda is now investigating the whole thing.
 
Just a thought, it could have been a scam they delibately crash your old car to get their hands on your insurance money thinking that ye a soft touch (not get the guards involve).
How could they think this is possible.
Has this kind of thing been successful before.

Good thinking to get the garda invloved.
What a evil chancer and trying to imitade ye in your home - thats harrassment. something else for the garda. They had no business to come back to yer home after that.
Best of luck.
 
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