I sold a car buyer never transferred or registered & had an accident

[RRenee']

Jurisdiction

Tennessee

The transaction of a car sale took place in Louisiana (where civil law is practiced not common law) the buyer of the car had an accident in Tennessee and now I am being suited because the buyer never transferred the registration. It is obvious that Louisiana law is quite different from Tennessee law but I have proof of correspondence about the sale and evidence showing signed title and insurance and dropped plates. Is there a case against me? How can I use this information to clear my name? Will this be enough information to clear me? Although the accident happened in Tennessee shouldn't the suit have been filed in Louisiana due to the seller (who the car is still registered to by default) being in Louisiana? Will Tennessee acknowledge ownership and sale laws of Louisiana since the sale was done in Louisiana?

 

[army judge]

The transaction of a car sale took place in Louisiana (where civil law is practiced not common law) the buyer of the car had an accident in Tennessee and now I am being suited because the buyer never transferred the registration.

I'll try to help you understand your dilemma.

It has nothing to do with in what state the owner attempts to purchase license plates.

It has EVERYTHING to do with transferring legal ownership according to TN or LA law,

Was the vehicle titled in LA or TN?

Will Tennessee acknowledge ownership and sale laws of Louisiana since the sale was done in Louisiana?

The issue of ownership transfer comes into play.

In what state was the vehicle titled, LA or TN?

If it is TN, this is what needs to be done.

https://tnclerks.zendesk.com/hc/en-us/articles/360000360026-Transfer-of-Ownership

How to Transfer Your Car Title in Tennessee

If it is LA, this is what needs to be done.

How to Transfer Your Car Title in Louisiana

Notice of Vehicle Transfer - Louisiana Office of Motor Vehicles

 

[RRenee']

It is a Louisiana title sold May of 2021 accident happened June of 2021 I'm just being make aware Will filling out the notice of transfer now help seeing that it was sold two years ago?

 

[adjusterjack]

I am being suited

Do you mean you were served a summons and complalint with a court name and case number, signed by a court clerk or judge?

Or do you mean something else. Be specific about exactly what you received. It matters a lot.

Will filling out the notice of transfer now help seeing that it was sold two years ago?

You mean you did not submit the notice of transfer immediately upon selling the vehicle? Then, no, filling it out now, while necessary, won't help you if you have been sued.

If you actually have been sued you will have a deadline to file an answer, raising whatever defenses you can muster. Carefully read what you have received.

I strongly suggest that you retain the services of an attorney lest you find yourself up to your ears in shark infested waters.

 

[zddoodah]

The transaction of a car sale took place in Louisiana (where civil law is practiced not common law) the buyer of the car had an accident in Tennessee and now I am being suited because the buyer never transferred the registration. . . . I have proof of correspondence about the sale and evidence showing signed title and insurance and dropped plates.

Section 47:510(B) of the Louisiana Revised Statutes provides as follows: "Any person, upon transferring a motor vehicle, trailer or semitrailer, whether by sale, lease or otherwise shall give a written notice of such transfer to the commissioner within fifteen days, on a form provided by the commissioner. Every such notice shall contain the date of the transfer, the name and address of the transferor and transferee, and such description of the vehicle as may be called for in the form."

Did you comply with your obligation under this law by filing a Notice of Transfer of Vehicle with the Office of Motor Vehicles?

It is obvious that Louisiana law is quite different from Tennessee law

In what way(s) do you think the laws of the two states differ as it relates to the issues raised by your post?

Is there a case against me?

If you're asking whether you potentially have liability to the plaintiff in the lawsuit, it's impossible to know based on information provided. At a minimum, we'd need to know what cause(s) of action are alleged against you and the factual allegations against you.

Although the accident happened in Tennessee shouldn't the suit have been filed in Louisiana due to the seller (who the car is still registered to by default) being in Louisiana?

No. Lawsuits arising out of auto accidents may be filed either where the accident occurred or where the defendants live.

Will Tennessee acknowledge ownership and sale laws of Louisiana since the sale was done in Louisiana?

If and the to the extent they're relevant, yes. Of course, if you didn't comply with your obligation mentioned above, you may be screwed.

I strongly suggest that you retain the services of an attorney lest you find yourself up to your ears in shark infested waters.

Yup.

 

[army judge]

It is a Louisiana title sold May of 2021 accident happened June of 2021 I'm just being make aware Will filling out the notice of transfer now help seeing that it was sold two years ago?

Oops, you have a problem.

I'm guessing you sold the vehicle, but didn't complete the transfer of ownership (as in title) to the buyer properly.

This is a step by step of what should have been done, before giving the keys to the buyer.

How to Complete a Louisiana Title Transfer

1. Buyer and seller must complete the title assignment on the current title certificate and have it notarized.

2. Complete a vehicle application.

3. Complete an odometer disclosure statement, if applicable.

4. Submit the ABOVE documents, with payment, to the OMV.

5. Seller should submit a Notice of Transfer or report the transaction online.

As in here:



Selling a Car
When you sell a car, it is the buyer's responsibility to complete the DMV title transfer by submitting all necessary paperwork. However, you are responsible for the following:

Assignment of title to the buyer. Include:
Date of sale.
Selling price.
Your notarized signature.
If the title does not allow you to provide the information listed above, provide the buyer with a notarized bill of sale.
Although the title transfer will not legally be completed until the buyer has finished the application process, you can inform the OMV of the sale immediately. Visit the OMV website to complete a Notice of Transfer online.
Office of Motor Vehicles - OMVNRG Services

When completing a vehicle transfer notice online, be prepared to provide:

Your license plate number and expiration dates.
Do not give your plates to the new owner.
Vehicle identification number (VIN).
Driver's license number.
Buyer's:
Name.
Address.
Date of sale (donation/trade).
Selling price.
You can also notify the OMV of the vehicle transfer by completing a Notice of Transfer of Vehicle (Form DPSMV 1697)
https://dpsweb.dps.louisiana.gov/DP...2da9101591c7a18625712b00618939/$FILE/1697.pdf
, and submitting it to your local OMV branch Louisiana OMV Locations & Opening Hours Near Me | DMV.ORG or mailing it the address listed on the form.


Buying from a Private Seller

When you purchase a car from a private seller, it is your responsibility to complete the auto title transfer; you have 40 days to file for your title. Bring the following to the Office of Motor Vehicles office:

A completed Vehicle Application (Form DPSMV 1799).
The current title certificate, assigned to you by the previous owner and notarized. The title must contain:
Date of sale.
Selling price.
Both buyer and seller signatures.
Notarized bill of sale, if the title certificate does not contain the above listed information.
Odometer Disclosure Statement (Form DSPMV 1606), if the car is less than 10 years old.
Copy of your ID or driver's license.
Proof of Louisiana car insurance.
Payment for any applicable title transfer fees.

 

[RRenee']

Under the circumstance of a sold vehicle two years ago; here in Louisiana I the seller made a cash transaction with the buyer and the only bill of sale is that which is on the back of the title, that I mailed to the buyer, I have text messages of what was agreed on concerning the title and sale. I have proof of dropping tags, and dropping insurance(after sale before accident) and a copy of the title front and back(the title was notarized) I also have a copy of the driver license of buyer. The buyer never transferred the title although agreed too via text. The buyer had an accident in the car in the state of Tennessee and fled from the scene. The victim of the accident is suing me and John Doe(the buyer) for 750,000.00. I need help! What recourse do I have? What should I do?

 

[justblue]

Under the circumstance of a sold vehicle two years ago; here in Louisiana I the seller made a cash transaction with the buyer and the only bill of sale is that which is on the back of the title, that I mailed to the buyer, I have text messages of what was agreed on concerning the title and sale. I have proof of dropping tags, and dropping insurance(after sale before accident) and a copy of the title front and back(the title was notarized) I also have a copy of the driver license of buyer. The buyer never transferred the title although agreed too via text. The buyer had an accident in the car in the state of Tennessee and fled from the scene. The victim of the accident is suing me and John Doe(the buyer) for 750,000.00. I need help! What recourse do I have? What should I do?

You need to talk to a lawyer. This is not a situation that random people on the internet can help.

 

[army judge]

What should I do?

You need to speak with a couple of attorneys in the county where you reside. The help you require can't be found for free on the internet, if you'll potentially be facing a $750,000 lawsuit.

You might speak with your automobile insurer to determine IF the vehicle that you purportedly "sold" was legally sold, even though the title transfer and sale appear to be faulty.

Bottom line, you're in the middle of a very, hot, nasty mess. You require real help, not just information.

 

[RRenee']

Yes you are right and thank you for your response I consulted a lawyer here in Louisiana and was advised that law in Louisiana is different that the title is enough evidence to prove the sale and no longer having owner ship but that is likely not the case in Tennessee law and since the suit was filed in Tennessee I would need a Tennessee lawyer. I am on the hunt for a Tennessee lawyer now I have spoken with two offices in the nature of the case waiting to here back. I really need to know if any of the information I have will stand up in court. I need to know that I will not be held liable for something that I did not do or participate in. Is that something that I could be advised on while Im waiting to here back from a lawyer. Im extremely overwhelmed this just came out the blue.

 

[doucar]

Yes you are right and thank you for your response I consulted a lawyer here in Louisiana and was advised that law in Louisiana is different that the title is enough evidence to prove the sale and no longer having owner ship but that is likely not the case in Tennessee law and since the suit was filed in Tennessee I would need a Tennessee lawyer. I am on the hunt for a Tennessee lawyer now I have spoken with two offices in the nature of the case waiting to here back. I really need to know if any of the information I have will stand up in court. I need to know that I will not be held liable for something that I did not do or participate in. Is that something that I could be advised on while Im waiting to here back from a lawyer. Im extremely overwhelmed this just came out the blue.

I don't think any Tennessee lawyers follow these boards. You need an answer from a TN lawyer not strangers on the internet.

 

[adjusterjack]

I really need to know if any of the information I have will stand up in court. I need to know that I will not be held liable for something that I did not do or participate in.

No guarantees, but my 35 years in the insurance industry suggests that the documentation you have "might" eventually absolve you of any liability for the accident.

Unfortunately, you will still have to incur the cost of defending yourself from a lawsuit. That means hiring a "liability defense attorney", filing an answer to the complaint within the required time limit (sometimes 20 days from date of service), engaging in discovery, during which you are likely going to be able to present your documentation to the opposition and maybe move for summary judgment dismissing you from the lawsuit.

You never did answer my question.

Were you served a summons and complaint with a court name and case number, signed by a court clerk or judge?

Or do you mean something else? Be specific about exactly what you received. It matters a lot.

 

[RRenee']

Thank you. I was not personally served but I got the papers for the court in the circuit court of Tennessee for the thirtieth judicial district at Memphis for a complaint for Damages and there is a docket number but it does not have a court date. Later I was sent a letter of notice of lawsuit and request for a waiver of service of summons from the lawyer suing me stating that I have 45days to respond from date of letter.