Heres a senario to concider. Whilst out on a group ride a bike was going round a left hand corner. the bike hit some of the corrogations apearing where trucks are digging into the tarmac and suddenly the bike wouldn't turn. It goes straight ahead into a clay bank at relatively slow speed. The motorcycle was completely road legal in every way.
A second or two later a ute towing a boat on a boat trailer came from the oposite direction ,saw bie/rider in the clay bank and took evasive action.
As a result of the evasive action the ute got out of control and the trailer jacknifed skidding onto the wrong side of the road. The trailer ran into a motorcycle legally stopped at the side of the road (Ie had it been moving it would have been oncoming traffic to the ute) This caused extensive damage to the stopped motorcycle and some damage to the trailer..
The boat on the back of the trailer was not secured by any tethers,tiedowns etc and had shifted on the trailer. Also relevant or not the trailer itself was not registered and did not have a current WOF -or indeed show sighns of having had one.
On examination the alloy back wheel on the first bike had literally collapsed causing the bike to be unable to turn left or right.
Given the information above is completely true and for the sake of argument insurance is not involved. Who should pay who for damages?
Also again given the information is not "adjusted" which rider/driver should be charged and with what?
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