Iowa General Assembly Banner


321.493 Liability for damages.

1. In all cases where damage is done by any motor vehicle by reason of negligence of the driver, and driven with the consent of the owner, the owner of the motor vehicle shall be liable for such damage. For purposes of this subsection, "owner" means the person to whom the certificate of title for the vehicle has been issued or assigned or to whom a manufacturer's or importer's certificate of origin for the vehicle has been delivered or assigned. However, if the vehicle is leased, "owner" means the person to whom the vehicle is leased, not the person to whom the certificate of title for the vehicle has been issued or assigned or to whom the manufacturer's or importer's certificate of origin for the vehicle has been delivered or assigned. For purposes of this subsection, "leased" means the transfer of the possession or right to possession of a vehicle to a lessee for a valuable consideration for a continuous period of twelve months or more, pursuant to a written agreement.

2. A person who has made a bona fide sale or transfer of the person's right, title, or interest in or to a motor vehicle and who has delivered possession of the motor vehicle to the purchaser or transferee shall not be liable for any damage thereafter resulting from negligent operation of the motor vehicle by another, but the purchaser or transferee to whom possession was delivered shall be deemed the owner. The provisions of subsection 2 of section 321.45 shall not apply in determining, for the purpose of fixing liability under this subsection, whether such sale or transfer was made.

Section History: Early form

[C24, 27, 31, 35, § 4964, 5026; C39, § 5002.07, 5037.09; C46, 50, 54, 58, 62, § 321.51, 321.493; C66, 71, 73, 75, 77, 79, 81, § 321.493]

Section History: Recent form

95 Acts, ch 136, §1

Internal References

Referred to in § 321.45, 321A.1

Footnotes

Exemption from execution denied, § 627.7


Return To Home Iowa General Assembly

index Search: Iowa Code 1997

© 1997 Cornell College and League of Women Voters of Iowa


Comments? webmaster@legis.iowa.gov.

Last update: Mon Jan 27 16:05:08 CST 1997
URL: /DOCS/IACODE/1997/321/493.html
jhf