nickyboy
Norven Mankey
- Location
- You want hills? We got hills
Did Accy suffer a loss? Yes
Was it caused by the actions of a 3rd party? Yes (well, probably on the basis that Accy didn't ride into the back of him and make him fall off or whatever)
Could the 3rd party have reasonably foreseen that his actions could have resulted in a loss for Accy? Hmmm....this is the tricky bit
I guess if the other rider was riding in a reckless manner, too fast around a corner, drinking from a bottle and rode into Accy or whatever then the 3rd party could have reasonably foreseen that his actions may result in a loss for Accy. However, if he hit a pothole he couldn't see, hit a rock in the road he couldn't see, hit some ice he couldn't see etc etc then there's no comeback
So if the guy who crashed was, basically, riding like an idiot, Accy should pursue this. If it was "just one of those things" then suck it up and live with one of the potential consequences of group riding
Was it caused by the actions of a 3rd party? Yes (well, probably on the basis that Accy didn't ride into the back of him and make him fall off or whatever)
Could the 3rd party have reasonably foreseen that his actions could have resulted in a loss for Accy? Hmmm....this is the tricky bit
I guess if the other rider was riding in a reckless manner, too fast around a corner, drinking from a bottle and rode into Accy or whatever then the 3rd party could have reasonably foreseen that his actions may result in a loss for Accy. However, if he hit a pothole he couldn't see, hit a rock in the road he couldn't see, hit some ice he couldn't see etc etc then there's no comeback
So if the guy who crashed was, basically, riding like an idiot, Accy should pursue this. If it was "just one of those things" then suck it up and live with one of the potential consequences of group riding