Man On The Clapham Omnibus Posted September 6, 2022 Share Posted September 6, 2022 Ah, yes, thanks Jeff. Quote Link to comment Share on other sites More sharing options...
Blatman Posted September 6, 2022 Share Posted September 6, 2022 And strictly in the realms of "I wonder if..." it was mentioned to me a while ago that whilst liability waivers/indemnities are all very well, it may be that the driver/participants can only waive their own rights. The example was that if a spouse was injured during a track day, whilst the injured party had waived liability, the spouse had not waived any such rights they might have to seek recompense. So when a waiver/indemnity is signed, just how far does it "reach"? What if a household suffered significant loss as a result of an incident and decided to go after the individual rather than the the organisers or event hosts? I'm sure the family of the unfortunate passenger in that Beemer are looking at their options, especially as the vehicle was observed driving erratically and seemingly breaching safety guidance. Remember the waiver is to indemnify the track and organisers from being liable, not from passengers or spectators going after other individuals who might be deemed liable, as I understand it... Maybe things have changed or maybe the person telling me was just plain wrong, but it made me think... 4 1 Quote Link to comment Share on other sites More sharing options...
RICHARD+PHILIP Posted September 6, 2022 Share Posted September 6, 2022 Anyone else remember the triple C open days a Castle Combe they were a hairy experience Quote Link to comment Share on other sites More sharing options...
Blatman Posted September 6, 2022 Share Posted September 6, 2022 Castle Combe is hairy, no matter who the organiser. That's why we love it 😄 Quote Link to comment Share on other sites More sharing options...
Rhett Turner - Black Country AO Posted September 8, 2022 Share Posted September 8, 2022 My son was talking about this on Sunday evening, the info he picked up was the passenger in the BM was not properly secured and had not got her helmet fastened, both contributing to her terrible injuries. Not sure of the truth of this though, one of the videos he’d seen the helmet could be seen leaving the car, though I guess that could be an optical illusion. Quote Link to comment Share on other sites More sharing options...
Man On The Clapham Omnibus Posted September 8, 2022 Share Posted September 8, 2022 Might have been an airbag. Quote Link to comment Share on other sites More sharing options...
CarbonWest - Chris Broster - Bristol & Bath AO Posted September 8, 2022 Share Posted September 8, 2022 WRT the police involvement, I have been speaking to a few TDO to put an article together for Westfield World and they are very clear on the Track Day v Experience etc. As they put it TDO that are registered with the Association of Track day Organisers (ATDO) https://www.atdo.co.uk/ will have an RTA waiver/exclusion with the relevant local Police force that in effect turns the Track into a private road and hence not subject to the Highway Code or normal traffic law - hence you can drive an un-MOT'd and Taxed, insured etc vehicle. If the TDO or Circuit doesn't have an RTS exclusion (and there are plenty of them) then any accident is considered an RTI and can be investigated by the Police - however, they did say this is generally only when one or more parties are injured; if you stuff it into the Armco and walk away then most likely nothing will occur. This is further compounded if as @Blatman said one or more party has insurance and hence wants it to be investigated and recorded officially in order to validate a claim. The final point being that if the RTA waiver is not in place and the Police do visit (at any point not just post accident) then anything that is illegal on the cars COULD and I do stress tha, be actioned and fines issued. So in the case of the BMW and the Civic they may check to see if the cars were road legal or had Mods that may have affected the outcome? The TDOs I spoke to suggested always check the registration of any TDO, especially any that are one-off charity events or groups of mates booking a day as they may not have full cover. 2 Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.