My roommate borrowed my motorcycle and while he was out the motor died. He pulled it off to the side of the road and parked it and left it there. After two days I went to check on where he said it was and it was gone. I assumed it had been stolen because there's no tow signs anywhere. The next week and a half I spent calling and seeing if could find it. I was teaching high school at the time so 10hr of my day were focused on that as well. He said he filed a police report. I learned about where you could put your license plate number in and it will let you know if that was towed or not I would put my license plate number in and nothing would come up. So after 13 days of nothing we receive in the mail a card from the tow place that says that it's been towed and where it is. Again I was still teaching and I asked him to find out what the deal was he called them it was $1,300 to get the bike out. I didn't have the money and he did nothing to get the bike back and I lost it. Can I sue for the loss of my bike due to him leaving it there and it getting towed.
You may be limited to a claim of $1,300 as you could have recovered the bike for that amount but did not mitigate your losses. Speak to local ocunsel to confirm.
You can try, but it will not be easy. I guess your "friend" has made no offer to pay or share in the loss, too bad. His defense will be "I told him (you ) where it was and he didn't act to go protect his property, not my fault". That is what you will have to overcome to win at court. A friend of my brother years ago had a BSA Lightning and was involved in a crash with a car. He was taken to the hospital and the bike left at a donut shop near the accident. He went back two days later to find it gone, stolen in his case. Who steals a crashed bike? So weird stuff happens. Good luck.
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