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This is a sue happy society but in his case depending on his circumstances, he could be entitiled to quite a sum of money. I'm not a lawyer (but I play one on TV - LOL j/k) but I have been to court quite a few times and learned from other cases.Nemesis said:Sue? For what? Damage to your property? Isn't that what insurance is for? It sucks. Really it does, but just have them fix the bike back to mint condition.
Factors to consider would be if the bike is his primary means of transportation. He could start off with garnished work wages and work up to mental factors - stress, distress, anguish - whatever a lawyer dreams up.
I dont want to get into a lot of the different scenarios but you cant just sue both in the same trial. This would likely be a lengthy process as you would have to weigh in if its worth your time and money to persue court caeses against two different people. Keep in mind that tow companies have their own insurance so it would be possible to reach a settlement without a hassle.
Yes, your insurance covers your bike but they will try and establish "blame" as they dont want to shell out money for something that could be paid either by the other guy's insurance or the tow company.
In the end the guy most out by this process is you. Someone's insurance is paying for it but its your time out of a bike.
Sorry to hear about this...I don't think I would have been as nice as you were to the guy. I definetly would not call a tow company to transport a bike.