Legal Question in Personal Injury in North Carolina

What if scenario.

I own title to motorcycle.

Selling to brother.

Keeping title until paid off.

He will register and carry insurance.

Can I be held liable if he is in an accident?

Asked on 6/25/11, 6:08 pm

1 Answer from Attorneys

Yes as the car will still be in your name.

The way to do this is get the motorcycle out of your name.

You sell the bike to your brother. He goes to to the PA DMV and registers the bike in his name (after first getting insurance on it - both liability and collision/theft) but lists you as the lienholder on the title. The title is issued in his name and sent to you. You hold the title until the purchase price is paid off at which time you release the lien. You should do a proper bill of sale and promissory note for the purchase price setting forth requirements governing payment of principal and interest (if any) and the requirement that he keep the bike insured properly.

If you do what you have proposed and he is in an accident, then you as well as he can be sued. If you do what I suggest, then you will not be sued.

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Answered on 6/27/11, 2:17 pm

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