If you sell a car to someone and they don’t change the title, get no insurance, and have an accident, who is liable?

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If you sell a car to someone and they don’t change the title, get no insurance, and have an accident, who is liable?

I sold my brother a truck. The title is still in my name and it has no insurance. He hit a car yesterday. Who will pay for the other car’s damage – me or my brother? He is 17 years-old and has a license. The police officer gave him a ticket for a court date next month.

Asked on January 10, 2011 under Accident Law, Tennessee

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Since the title is still in your name, you would be liable for the accident because you are the registered owner of the truck.  If you were to sue your brother to recover your out-of-pocket loss for damages to the other vehicle, your brother could assert the defense of minority (being a minor) to prevail in the case.


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