Is a Former Owner Liable for a Car Accident if the New Owner is Driving on His Plates

My question involves vehicle registration or title in the state of: Colorado accident involving 2 vehicles one registered and a unregistered car still had the previous owners plates on the car they had no registration for plates plus no insurance no bill of sale etc..
They only had the title that was a OB just the back was signed by previous owner 1 1/2 months ago what do you do? who is liable for damages since the drive never really applied for title? No tickets issued.

The driver who caused the accident is liable for the damage. Nothing else changes that.

The previous owner sold the car and signed over the title. It's no longer his responsibility for the buyer's illegal use of the car.

On the other hand, you'll want to check with the DMV to see if the seller filed the required sold notice.

If he did then he's out of it.

If he didn't, the state might still consider him the owner and, in NY, I believe that the registered owner is still responsible for accidents caused by the driver.

Unfortunately, if there's no liability insurance on the car you get slim chance of ever seeing a nickel so I hope your car had collision coverage.

the lady is still the owner per dmv not the driver and unfortunately just liability only.
better question if the roles where reversed who you need to pay for damages if you rear-ended someone and they had same the title problem would the owner with dmv get paid or would the driver get paid? just curious because we all know there is people out there like that make are rates go up.

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then could the driver sue you for damages if the insurance wont cover it even thou he is not the owner on file with the dmv?

So you have come to know with certainty there is no bill of sale?

if i recall from your other thread your son rear ended the other kid anyway. It's impossible to make a valid determination of fault often on the internet but running into the back of somebody else results in fault being placed on the driver in the rear a great percentage of the time.

just as in the other thread, the other kid will have to prove a right to claim damages (basically prove ownership) if he sues your son and you, if you challenge his standing ton sue.

Colorado does not require that a car seller register a sale with the DMV, but the seller is supposed to retain the license plates. When the seller chooses to give the buyer the license plates, it raises the possibility that the seller knew that the buyer wasn't going to promptly register the vehicle, or even that the car was loaned to the driver and that the 'sale' was negotiated after the accident.

If you choose to let a buyer drive off in your car with the plates affixed, you run the risk that you're going to get sued on a theory of negligent entrustment if the driver gets into an accident prior to registering the vehicle. Whether or not such a case could be proved is another matter.

okay thanks, when I asked for anything with there names on it tying them to the vehicle even if its a was bill of sale, a insurance card, just something showing me they are the owners to be paid they said technically the car is not in are name and we have only a signed title from previous owner and a e-test paper but neither one has there names on it. Then when I asked for the them to sign a Release of Damage of a Auto Accident in front of a notary the dad refused so why would he do that if he owned the car?
I did forget to mention it took them 5 days to show me the title.

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Off topic also should mention I have no trust in my insurance N W cause they denied my claim on my travel trailer for damages several months earlier claiming they don`t cover ice and snow and I pay full coverage so why pay full coverage?

If you want better coverage than is offered by your present auto insurance company, you should switch your policy to a different insurance company.

Yes no bill of sale

That you have seen but going with that anyway;

you have a couple things to figure out;

fault: while ultimately a court determines fault, it is usually determinable by the parties. If your so. was at fault, you are very unlikely to win in court. You may face a counter claim from either the other kid, his dad, or the registered owner of the vehicle (depending on who actual claims ownership) for the damages your son caused (if he was in fact at fault)

then if you do decide to sue, you need to figure out who to sue (everybody; kid, dad, registered owner). Somewhere along the line ownership will be established whether it is before or during court.

I haven't found anything yet that automatically makes a registered owner liable for damages caused be a person driving their vehicle. If there is nothing you will have to prove why they can be held liable for the kids actions. As mr knowitall suggested previously negligent entrustment is one of the few (maybe only) possibility of placing liability on the registered owner. Trying to explain it can be lengthy. Simpler for you to Google it.


Then, of course, consider whether you would be able to collect on a judgment should you prevail against any of the possible defendants. Sometimes there is simply no reasonable chance of collecting on a judgment so all your efforts are basically wasted.

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Quoting jk

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I haven't found anything yet that automatically makes a registered owner liable for damages caused be a person driving their vehicle. If there is nothing you will have to prove why they can be held liable for the kids actions.

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There is nothing in Colorado law that would make the owner of the vehicle (registered or not) automatically liable in all circumstances for the damages caused by someone else driving that vehicle. However, if the owner of the car and the driver are members of the same household and the vehicle is owned by the head of the household, Colorado law does make the head of household liable for the damages caused by the other members of the household. So if the father was the owner of the car at the time of the accident (or was the leaseholder or otherwise controlled the car), he was the head of the household, his daughter was the negligent driver in the accident, his daughter was a member of his household, and she used the car with his permission then the father could be held liable for the damages the daughter caused. This is known as the family car doctrine. If the father knows this that might explain his reluctance to actually confirm he owns the car. Negligent entrustment is also a possible option to hold the father liable, too, but requires proving that he had some reason to know she was not a safe driver.

The seller of the car generally is not liable for what happens with the car after the car is sold. But the seller is supposed to retain the plates and turn them into the DMV in Colorado as Mr. K. noted. Not doing that can cause the seller grief when something like this happens. Ultimately, though, the seller won’t have to pay for this.