Multiple assignment of traffic accident, the last assignee liability
Created:
/Author:
Aaron Lewis
The vehicle after the transfer, shall go through transfer procedures for the vehicle management department, in the transfer procedures after the vehicle is fully completed, the transfer behavior.But in fact, there are many not standard transfer behavior in practice, is the only transfer vehicle, and did not handle the transfer procedures, resulting in both parties only transfer of the contract the fact.In this case, if an accident happens, how liability?
The Supreme People's Court (2001) the people He Zi No. thirty-second "purchase a car is not about serial transfer procedures for the original owners of motor vehicle traffic accidents responsibility to reply" has a clear reply: serial purchase a car not handle the transfer procedures, as vehicles have been delivered, the original owner can not control the vehicle operation, also do not profit from the vehicle operation, it is not the original owners deal with motor vehicle traffic accidents responsibility.
The Supreme People's court "on hearing the law applicable to a number of road traffic accident damage compensation cases to explain" the fourth also clearly stipulates: multiple transfers but did not apply for transfer of registration of motor vehicles in traffic accident damages, which belongs to the motor vehicle party responsibility, if it is requested by the last transfer and delivery of the assignee the liability of compensation, the people's court shall support.
Can be seen from the above provisions, the vehicle after the transfer did not apply for transfer procedures, the actual control by the vehicles last vehicle buyer shall bear the liability for damages, before the person or the owner shall not assume liability to pay compensation.