Am I at fault for a traffic accident when I sold the car prior to the accident?
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Am I at fault for a traffic accident when I sold the car prior to the accident?
I sold my car in Brooklyn to a young man. I signed and handed him the title and
he paid me in cash. He put his own license plates on the car and drove away.
While driving he got into an accident in Westchester county and ran from the seen
of the accident. 2 weeks later I get a call from a car insurance company
representative saying I hit their client’s car and ran from the seen. She
requested that I proof that I wasn’t driving and to supply her with my
information. The only proof I have is that at the time of the accident is that I
was at work. I don’t have a bill of sale or the young man contact info – since he
knock on my door and asked about the car. I don’t know what my options are or if
I should supply the insurance company my info. Please help.. Thank you in
advance..
Asked on November 28, 2017 under Accident Law, New York
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Although you handed the buyer of your car the title, since the transfer of title had not been registered with the Department of Motor Vehicles when the accident occurred, you were still the registered owner and therefore liable for the accident.
However, you should refute that by providing a declaration signed under penalty of perjury that you had sold the car and handed the buyer the title prior to the accident. You can prove you were at work when the accident occurred by having your employer and co-workers sign declarations under penalty of perjury stating that. Provide those declarations and your declaration to the victim's insurance company.
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