Steve, sorry to hear of the accident, but glad that no one was seriously hurt. While I think that there are too many lawsuits filed in this country, this sounds like one should be - trouble is, if he had no insurance he may well have no assets and you'll be screwed anyway.
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"If one tells the truth, one is sure sooner or later to be found out. " (Oscar Wilde)
“Most people, if the truth be told, are gigantic bores. There’s no need to subject yourself to that kind of thing.†Shelby Foote