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Track Day Accident - Court awards costs


XTR2Turbo

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Terry,  The car insurance is the easy bit.

 

 I'm trying to insure the liabilities arising if the car hits something or someone and then they/their insurer/or anyone else decides to sue you for loss or damage. 

 

Cheers

 

James 

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wile - every time you sign on at a sprint or a trackday you are giving a representation and a warranty that you will not make a claim against another... so we give these statements to "hold harmless" routinely.  My concern is if I sign one and then my car and me cause some one serious injury.  That person happens to be insured by BUPA and then a year down the line i get sured for their treatment by BUPA not the person. 

 

When i'm writing insurance policies I think of the risk as a crack in a glacier.  It might only be an inch wide (so the chances of falling down it are small) but it could be a mile deep.....  On that principle I will see what is available in the market and report back - until then i'm working on a rubbish tip with Jacko and climbing trees at weekends :-) 

 

TTFN 

 

James 

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wile - every time you sign on at a sprint or a trackday you are giving a representation and a warranty that you will not make a claim against another... so we give these statements to "hold harmless" routinely.

 

Are you sure, James?  I don't ever recall seeing any reps/warranties in a track day sign on form (the ones I've seen have always been written in plain english with holes you could drive a bus through).  In fact, I don't recall anything in writing about claims against other drivers.

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Wlie, i'm not sure mate as this Henry Westons is 8.2%...  :d

I think you had better stick to the beer James and forget this thread till tomorrow.    My 1st. rule -------never take yer mobile to the Pub.

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mobiles are good for pub quizzes :laugh:

That's cheating and if you are as old as everyone says you are, you should know everything.

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There are too many 'experts' commenting on this situation who do not understand the basis of liability. We may all be gentlemen but if someone is injured and their livelihood is at risk things change. James A has real experience in the field, yes he may drop trees at the moment, but that does not mean that he is not abreast of developments, in fact his comments have been some of the few with authority rather than bar room speculation. Yes we may not like what could happen and we all want to shake hands, but do you want to be that person standing on the street with your family because you think things are unfair? Life is unfair!

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You are absolutely right Nick.

 

You can lead a horse to water, but you can't make it drink !!

 

An obvious risk has been exposed by this case. I for one will not go on a trackday unless I have insurance against that risk. MSA sanctioned events have insurance cover, so fine with those.

 

Others may chose to go on trackdays and not insure themselves. It's a free country you can do as you wish, but you will obviously have to accept the possibilities of having no cover if anything happens. 

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ive not commented so far as i have not idea about this stuff and as such i have no major opinion on the incident other that it seems a little bit unfair but im interested in this thread.

 

one thing that does baffle me a little, having read various threads on the internet, is the concept of negligence.

 

its used frequently and in sentences like "where a driver is negligent" or "through the negligence of the drivers actions" or "a driver is negligent by driving beyond his abilities"... etc.At what point does a guy on a trackday become negligent? i would say unless your a trained driver/racing driver/experienced track day driver pretty much as soon as you go on the track you are near the limit of you ability and so maybe negligent.

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Most experienced drivers I know have either had an off or spun on trackdays and sprints so where does that leave us trying to define "going beyond ability"?

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Having had my Westfield on the road for less than a year and having only done two track days I have witnessed cars overtaking on corners and ignoring multiple flags both of which were prohibited during the drivers brief therefore I would class doing either as being negligent on behalf of both the drivers and, if not picked up, the Marshalls.  Occasionally running out of talent and spinning is not what I would call negligent and I like the "spin you're in" approach operated by MSE as it enforces a breather and chance to check the car over, MSE will also black flag drivers who repeatedly lose control. I've spun and missed the occasional flag through being focused on a corner but it's usually obvious when all the other cars are responding to flags and slowing. I personally allow an overtaking car to pull well away so that I have plenty of space to avoid another driver tripping up.  I've been watching this thread with a degree of concern because track days are a big part in me wanting to own a Westfield and I was happy with the "racing" principle of "fix your own" whilst attending well run days but I'm now not so sure due to the personal injury and lack of an a commonly understood definition of negligence.

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