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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33555
Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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I sold my vehicle on August 27th, for $5500. Due to the fact

Customer Question

I sold my vehicle on August 27th, for $5500. Due to the fact that I still needed to pay my bank (lienholder) in order to get the title, the buyer gave $5000 and took the car.
I paid the bank for the remaining balance owed on August 30th. The title is currently being sent over to me.
The buyer has called me today advising me his wife got in an accident while driving the vehicle and allegedly totaled the car. He said that my insurance information was brought up at the scene of the accident.
Unfortunately I chose not to remove the vehicle from my policy because I am buying a new car and I was going to just remove and transfer altogether.
My question is, I currently have a bill of sale and proof of payment to the bank with dates all prior to the accident. Am I liable for this accident? Can the people involved sue me? What do I tell my insurance company?
Appreciate it.
Submitted: 11 months ago.
Category: Consumer Protection Law
Expert:  Dwayne B. replied 11 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to helping you today.

Am I liable for this accident?

No, not based on what you have put here.

Can the people involved sue me?

They can sue you but they likely won't win based on your facts. They would have to prove that you were somehow negligent to make you responsible.

What do I tell my insurance company?

Tell them the truth, that you were in the process of selling the car but that the sale had not been completed yet.

Most people think that just because they own a vehicle involved in a wreck that it somehow makes them responsible but it doesn't. The car owner has to have done something wrong to be responsible.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

Customer: replied 11 months ago.
Thanks for the quick response. What about the title? If he does not pay me the remaining 500, can I hold the title until he does, or would that make me liable because of the accident?
Expert:  Dwayne B. replied 11 months ago.

No, it wouldn't make you liable because of the accident, the answer to that is the same, you must have done something wrong to be liable for damages. If he still owes you money then you wouldn't be required to give him the title since the agreement was that you give it to him only after he gives you the money.