To understand the conflict, we must place ourselves on the side of the insurers. According to the Civil and Commercial Code, if these do not correctly identify the victim and pay someone who is not, the real injured could ignore the payment and demand another compensation. In short: who pays badly, pays twice.
Therefore, companies require documentation that proves the relationship between the claimant and the damaged good. It is not necessarily required ownership, but demonstrates legitimate possession of the vehicle.
How is legitimate possession demonstrated?
The simplest and most indisputable way is to present the green card or the automotive title.
What happens if the vehicle was sold after the incident and no copies were kept?
A historical domain report can prove ownership at the time of the accident.
What happens if there is more than one holder?
All registered holders must sign the agreement so that compensation is assigned to one of them.
What happens if the transfer was not performed?
Legitimate possession can be accredited with form 08, where the seller and buyer data are recorded.
Should both signatures be certified in 08?
Ideally, both are certified by a competent authority. However, in practice, many people operate with a “08 blank”, which only contains the seller’s certified firm. Although some insurers are strict, we consider that a form 08 with a certified signature of the seller and complete data of the buyer, even without certification, demonstrates sufficient legitimate possession to resolve the issue of ownership.
AUTHOR
Juan Podestá
Lawyer
T ° 131 F ° 960 CPACF
1154030137
1177001957 INT 2002
I hadVechoque.com.ar
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