a friend borrowed my insured car , drove it, i told him to stop driving it because i am taking it out of my insurance policy, he didn't listen,he keep driving it, i cancelled the insurance on it and i let him know the same hour that the insurance got cancelled, and i told him to stop driving it. he kept driving it and got in a serious two cars accidents accident, he got injured and tree other peoples got injured in the other car.
This sounds terrible. I am sorry. Typically, the bailor is not responsible for the torts of a bailee. Also, you had forbidden the driver from driving and so you should not be liable unless you were somehow negligent yourself. I am sure that you will probably get sued and that there will be issues. At that time you will need to hire an attorney to defend you. However, it sounds like you may have a good defense.
In California, there is a statute that provides vehicle owners are not liable for accidents involving their vehicle driven by someone else if the driver did not have permission to use the vehicle, but I don't know whether there is an equivalent rule in your state. Even if there is, you will probably get sued and given the quality of your "friend" he may well claim he was driving with permission, which would make your defense challenging unless you have proof that you withdrew consent to his use of the vehicle. For next time, don't allow an uninsured vehicle to be out on the street.
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Unfortunately, you are facing serious potential liability. One could argue that you knew the friend was ignoring you, and you shouldn't have cancelled the insurance until you were in possession of the car. You also don't say how many days passed between the cancellation and the accident. If he was the at fault driver, and there are three injured claimants, you may be needing a bankruptcy lawyer.
The first instinct and claims of the other parties assuming your friend was at fault, will be to go against your insurance which covers the car and in essence the driver. Since there is no insurance, the other parties could come against your friend and you personally. At that point you have to prove that 1) your friend was not authorized to drive the car, and 2) that the car was in essence taken off the road by you as soon as the insurance was canceled. If you kept using the car after canceling the insurance you may have a problem. If all of that goes your way, the other drivers may and will make claims under their uninsured motorist coverages given in in their own auto policies, if they have purchased such coverage. Keep in mind I am in Maryland and this is how it would work here.
I don't see that as a problem. However, do understand that the other people may say you shouldn't have allowed him to drive it. You may have issues on the property damage though as you owned a car that wasn't insured.Also, if you are in a wreck your auto medical won't cover the bills--because you are the owner of a registered uninsured vehicle! Bet your insurance company didn't tell you that when you canceled....
On the Property damage, possible you could face a suspension except you didn't drive the vehicle. If you get any summons or citation consult an attorney who handles license issues. Not do it yourself time.
You have a claim agasinst your "friend" for any financial fallout.
With "friends" like that, ........
I don't see any liability for the wrecks that can be directed to you. However I have a hard time understanding why you did not take back the keys and the car??? From your question I am assuming you told your friend not to drive the car simply because you were canceling the insurance not because you believed your friend would drive carelessly--Now in that circumstance you might bear some liability.
Your friend will be liable for the injuries and damages.
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I imagine if this goes to suit, both you and he will be defendants. Because you didn't have insurance, you have no insurance company to defend you i.e. provide you an attorney. If it was my case, I would sue both of you and take an easy default when you don't timely or properly answer the complaint, and then take a default judgment. Hopefully your friend has insurance that may cover this loss and provide an attorney. Sorry to be the harbinger of bad news here, but I don't think this looks promising for you.
Depending on your financial condition, the attorney who represents the injured parties may not look to you given you had no insurance. Insurance is often the only form of recovery, and you didn't have it. Your friend's insurance, if he had any, may come into play.
Although you tried to stop your friend from driving, the bottom line is you let him continue to drive and cancelled your insurance. You should have got the car back, taken the keys, and then cancelled. Hopefully for you your friend didn't have any tickets or accidents before this, that you knew about. If so, you could be on the hook for negligent entrustment even if you had a lawyer to defend you on the merits.
Disclaimer: This answer is based on the limited information provided in your questions. This answer does not constitute legal advice nor does it create an attorney/client relationship. You should seek advice from an attorney with whom you can discuss the entirety of the case and is familiar with the laws of your specific jurisdiction.
Why did your friend keep driving your car if you didn't allow it? Did he have a set of keys? In any event, since you cancelled the policy there is no insurance to cover the damages. It's likely that the injured parties will sue your friend and you as the owner. You have no responsibility for his actions, unless you are found negligent yourself. To protect yourself you may want to make a police report that your friend was driving the car without your permission.
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