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friend totalled my vehicle with no insurance or license

Discussion in 'Auto Accidents, Injuries' started by kileybb202, Aug 6, 2012.

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  1. kileybb202

    kileybb202 Law Topic Starter New Member

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    My friend has been borrowing my car for the last few weeks with the intention of buying it once my loan was paid off. He was told that he had to get his own insurance because I cancelled mine due to me not driving it at the time. He never got his own insurance and his license had not been renewed, which was revealed at the hostpital after he got in an accident. He was hit from behind by a woman looking down at her GPS when he was at a complete stop and his two children were in the back. The car is totalled. All three of them were taken to the hospital to be checked out. Will I be collecting on this vehicle since she openly admitted to her guilt. Can I be held liable for him not having insurance on this or a license while driving? How do I go about contacting someone for this information because I don't even know where the vehicle is now.
     
  2. mightymoose

    mightymoose Moderator

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    The police department will know where your vehicle is.

    The good news is that typically when someone hits you from behind it is their fault. That means that your damages should be covered by their insurance.
    The bad news is that if the other driver does not have insurance then you are pretty much screwed. You could attempt a civil suit against the other driver, but if they aren't paying for insurance they don't likely have anything worth suing for.

    Your buddy who was driving will likely get a hefty citation for driving unlicensed without insurance.... and it is possible that you could get a citation for allowing the unlicensed driver to drive your uninsured vehicle. You are still responsible for the vehicle until you actually do sell it, and you are responsible for who drives it.

    The police should be able to give you the contact information you need for the other driver. You will want to get in touch with that person's insurance company.
     
  3. army judge

    army judge Super Moderator

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    If you still OWN the vehicle, it is YOUR responsibility to maintain insurance.

    You were very foolish to allow anyone to drive a vehicle you OWN and not maintaining insurance coverage on said vehicle.

    Every state in this nation mandates the owner (not the driver) keep the vehicle licensed and insured.

    That next thud you hear could be HIM suing you for his hospital and medical bills!!!!!!


     
  4. jdguy

    jdguy New Member

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    I had a situation almost identical to this and I ended up suing my ex-friend for the loss of the car since I didn't up getting anything. I would imagine since he is the one that choose to drive the vehicle without insurance your in no trouble, but I remember some states make you liable for anything that happens with your vehicle, but I could be completely wrong. In my anonymous internet poster opinion I would think he would the one in trouble since he was driving without insurance, but if your worried consult an attorney in your area there are a lot of sites that will help you with that like this, legalmatch.com, your state bar's website etc.
     

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