In New York state you can not start a lawsuit until 90 days has passed. My brother was driving an Oliver 1850 pulling a NH manure spreader. Drunk driver came over a hill knocked the front end off the tractor, then hit the back tire and rim. Ruined both rim and tire. Then car spun around and smashed into a new spreader. Engine of the car was next to the driver and he was crunched under the dash. I thought he was dead, but he was just drunk and had a few broken bones. We were naive about how to settle with insurance company, but with their initial offer it was a real possibility of a lawsuit. Their offer kept going up,but not much. On the 88,89 day offer really jumped up to an amount that was not full replacement. But, they let us have the tractor and spreader for a few bucks. This is my experience and is in no way advice for anyone else. Had a few lawsuits over the years and they are expensive,time consuming, take about 3 years, and nobody knows how a jury will think. One possibility a jury might consider your grain bin some kind of atractive nuisance. It sounds silly and probably would not happen. But, remember there probably would be quite a few town or city people on the jury. Consulting a lawyer would be a good idea. More than once I went thru $25,000 so fast my head almost spun off my shoulders. A case like this I doubt if a lawyer would take it on contingency, Also, if you sue yout $200/hr lawyer is going up against a $400/hr lawyer. As far as suing the driver, you probably can get a judgement on him. But, those kind of people are hard to get money out of. You can not get blood out of a rock. I have 7 judgements filed with the county. Probably will never collect on unless they win the lottery. I still would not get discouraged and try to work with the insurance company. And, again consult with a lawyer. A consultation with a good lawyer usually is free or a minimal charge.
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Today's Featured Article - Restoration Story: Fordson Major - by Anthony West. George bought his Fordson Major from a an implement sale about 18 years ago for £200.00 (UK). There is no known history regarding its origins or what service it had done, but the following work was undertaken alone to bring it up to show standard. From the engine number, it was found that this Major was produced late 1946. It was almost complete but had various parts that would definitely need replacing.
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