Thank you for your reply.
You have to remember that the insurance company has the goal to convince you that their insurance is not at fault. If you have a police report that states the accident is inconclusive; it means it has no way of telling who was at fault. It does not stop you from suing the other driver, but it does place the burden upon you to prove his negligence. Read the police report carefully and see what it states specifically about liability. You will be able to use the police report as your evidence to place liability upon him; but the court will render the decision whether he is liable or not depending on your arguments.
Whether it is worth suing or not is your decision. If you are not able to get a definite address from the defendant, it will make service of process difficult, but you should be able to get a current address from his driver's license or license plates at the DMV
I would attempt to settle with the defendant before going to court, to make sure all avenues are used up before filing the lawsuit.
Regarding the storage/tow fees, you are responsible to those fees as your vehicle was towed with the reliance that you would pay the charges. The defendant is not responsible for those expenses against the tow company. However, once you have taken care of the storage fees you can ask the court for these fees as added expenses resulting the defendant's actions.
I suggest you do the following:
1) attempt to settle with the defendant and his insurance company.
2) Settle with the tow company
3) If settlement is not productive, sue and let the court decide.
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