Substantial Compliance Defeats Claim Against Auto Seller
Transfer of Title Eliminates Dealer’s Obligation to Insure Vehicle
Read the full article at https://www.linkedin.com/pulse/substantial-compliance-statute-effectively-transfers-barry and at https://zalma.com/blog plus more than 3700 posts.
Delores Zepeda appealed from a summary judgment of the trial court dismissing her claims against Central Motors, Inc. Zepeda argued that Central Motors’ failure to comply with all of the statutory requirements of KRS 186A.220 served to invalidate its transfer of ownership of a vehicle to the buyer. In Delores Zepeda v. Central Motors, Inc., NO. 2020-CA-0650-MR, Kentucky Court of Appeals (MAY 14, 2021) Zepeda tried to obtain insurance benefits from the seller of the vehicle in which she was injured because it did not comply with state statutes relating to title to vehicles.
ZALMA OPINION
It is often sad that some people have insufficient insurance protection to properly compensate a person injured by the negligent operation of a motor vehicle. Regardless, it is just plain wrong to stretch statutes to try to impose liability upon the seller of a vehicle who substantially complied with the statute was properly made the title owner and had insurance in accordance with the law before allowing him possession of the vehicle.
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