Ask a lawyer on the topic of Insurance law

Car sale

June 25, 2009 | 19,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla

I want to sell my car to a private buyer.

He wants to take the car with my license plates and only then register it with the Department of Motor Vehicles.

How is the car insured during this time, can the transfer of risk be contractually regulated?
Who is liable for damages during this time?

Dr. Dr. Danjel-Philippe Newerla

Dear client,

Thank you for your inquiry.

I would like to address your questions based on the information you have provided:

In this case, both you as the owner of the car and the driver would be liable under § 7 StVG and § 18 StVG as well as § 823 BGB in the event of an accident. Both of your respective motor vehicle liability insurance policies would also be involved.

You should consider having the buyer release you from liability. However, please be aware that there is still a risk involved, as if you are held liable or your insurance is upgraded under § 3 of the Compulsory Insurance Act, you may not be able to pursue damages against the buyer if they are unable to pay, which cannot be definitively assessed at this time.

I would generally advise against this course of action.

Please note that my legal advice is based solely on the information you have provided. It is only a preliminary assessment and not a comprehensive review of the situation. Adding or omitting relevant information could lead to a different legal conclusion.

I hope this information has been helpful. Feel free to contact me through this portal or via email for further questions or legal representation. If you decide to engage my services, the initial consultation fee will be credited in full.

Have a pleasant Thursday afternoon.

Sincerely,

Dipl.-jur. Danjel-Philippe Newerla, Attorney at Law

Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132