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Legal Liabilities - track days?


Onliest Smeg David

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I understand very few peeps take out track day insurance.

 

SWMBO has been asking...

What's the legal situation if 'I' lose control and hit another car?  :(

What if I have a passenger and they get injured?  :(

What if I'm a very good boy and some nutter loses control and hits me?  :(

What if part of the circuit is damaged?  :(

 

Has anyone had any experience of these eventualities?

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1) You both pay for the damage to your own vehicle.

 

2) You say sorry, a lot.

 

3) You both pay for the damage to your own vehicle.

 

4) Pretty sure that you have no liability there... Have seen the odd vehicle-solid thing interface and never heard about anyone being billed for it (other than the Nurburgring).

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Most track day organisers ask you to sign a declaration that addresses much of the above.

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I think trackday insurance only covers your car anyway so if you have a collision with someone else then it'll only cover fixing your car up no matter who was at fault.

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Before venturing out on track you will be requested to sign a disclaimer by the organisers and/or track owners, all passengers should also sign a disclaimer. A good trackday organiser will also offer a drivers/passengers briefing however experienced you may be you must attend, listen and take heed of the rules

 

 

What's the legal situation if 'I' lose control and hit another car?

You apologise with all your energy and hope all is amicable, and then you pay to repair your own car from your own pocket

 

What if I have a passenger and they get injured?

Passengers must sign disclaimer above - be careful on this matter my personal advice would be never to take a passenger under any circumstances, unless it is a qualified ARDS instructor advising you.

If a passenger is seriously hurt or worse then there will be an investigation, if the passenger is unable to support their dependents etc etc I'm sure you have enough common-sense to see where this situation may end up - the final decisions lie with the driver and passenger to undertake their own risk and judgement of the situation

 

What if I'm a very good boy and some nutter loses control and hits me?

He/she apologises with all his/her energy and hope all is amicable, and then you pay to repair your own car from your own pocket

 

What if part of the circuit is damaged?

In signing a disclaimer this should allow the circuit owners to claim on their own insurance for repairs

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Most things are covered as Mark says above.

The only problem I can see if you yourself carries passengers.  In the event of an accident your passenger could claim damages from you, if you want to avoid this then there  is no reason why you can't get your passenger to sign a disclaimer form, formulated by yourself.

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I understand that if you go off at Aintree, and damage one of the nation hunt fences you get charged for the cost of the repair. Like Nurburgring, I think!!

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The standard indemnities do include protection against drivers being sued by any participants, including passengers.  Even spectators have to pass a number of signs at most circuits informing them that motorsport is dangerous and that their choice to remain in areas close to the track is taken as an informed acceptance of those risks.  

 

There have been attempts to get round these indemnities over the years, as far as I know they have been unsucessful.

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As Steve says the indemnity forms everyone signs should cover it, unless of course the courts eventually overturn one of them  :o

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Yep, that's the worry as the entire trackday industry would pretty much close the next day  :down: .

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Im pretty sure there has been a case on going for a few years involving a Caterham driver and a track day at Knockhill.

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Im pretty sure there has been a case on going for a few years involving a Caterham driver and a track day at Knockhill.

 

A Caterham owner  ???  :suspect:  :arse:  what a surprise, although a Ferrari owner would have fitted the same bill  :o  :oops:

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Yep, that's the worry as the entire trackday industry would pretty much close the next day  :down: .

there was, but the claim was against Caterham rather than the driver

http://www.eveningnews24.co.uk/news/norwich_man_seeks_damages_after_nurburgring_crash_1_1005523

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Are we talking about the Mag wheel faiure?

If so, I have some inside info.

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That kind of claim isn't really a threat to the industry fortunately and as the manufacturer isn't a participant at the event they wouldn't be covered by the indemnities anyway.  Also worth pointing out that tourist days at the Ring require road insurance anyway.

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