Exchanged my car with Hyundai motors, they sold it further what to do

780 votes

Sir first of all we have to see the documents signed by you at the time of exchange of you car afterwards it will later came to some conclusion after all the person who is driving had purchased car from the car company not from you

Advocate Ajay Garg LawRato

939 votes

Greetings,

First of all what was the offer from Hyundai Motors regarding the exchange of cars and what were the terms & conditions which you relied upon to hand over the custody of your car to them? Please share the papers if you have any. What was the exchange value you paid for another car in return for the exchange?

These are important facts to understand your case better. Please provide me with the relevant information before I can discuss further.

Warm regards,
Kabir Hazarika, Advocate

Advocate Kabir Hazarika LawRato

768 votes

As you explained that you had exchanged the car and RC of the car was in your name. Whether you had taken an invoice/receipt with regard to exchange done with the company? This could be taken as one of the criteria to ascertain your liability towards the mishappening done with that car. Also that a good opinion can be given only after having a detailed discussion on the matter.

Advocate Megha Kain LawRato

960 votes

Hi,

Regarding your query:

The law pertaining to the MRTP, Act generally works in this manner- If you had sold your car to another party (in this case another person), it would be your duty to ensure that the R.C and all other details are updated in the R.T.O records in the buyer's name. In that situation, if you have failed to comply with the same and any accident arises thereafter, the liability would be generally on you.

However, your case is entirely different. You have a valid claim against Hyundai. All automobile companies generally issue you a 'release form' at the time of return of the vehicle. This form and agreement will particularly state that the automobile company will take upon all responsibility immediately after the sale. At the time of exchanging your car with Hyundai in July 2015, they would have also issued this form to you.

I can say this with certainty as it's a matter of policy with Hyundai. Do let me know if you have the form and can advise you how to proceed with the case.

Advocate Anuj Nair LawRato

796 votes

First of all you have to appear before the Court. Non appearing is not a good option. You appear and tell the court that you have sold the car to Hyundai and you were not the owner of the car at the time of accident. Also, get the details of the persons to whom the car was sold by Hyundai get that persons also impleaded as a party in MACT case. If the car was insured then Insurance company going to pay the compensation and not you or the new owner of car. However, if car was not insured or if there was a material breach of the policy then the compensation is to be paid by you or new owner, depends how you contest the case. Do the things carefully else you will be under a very big problem.

Advocate Amresh Anand LawRato