Yeah, I do sometimes look around the room in drivers briefing at the many chav’d up teenagers who you know 1. cant drive, 2. have a shit car and 3. have an ego that they must massage by driving their shit car like a twat.
I have had a couple of close calls with other cars in my time.
[quote=stevegreen]One thing I’ve never understood at trackdays is if you waive your right to claim against anyother driver if you feel they are responsible for crashing into you?
I would expect this to be a common law right we all have, but in signing all the paperwork do we expressly give this right up? [/quote]
I would guess that depends on exactly what happens from a personal injury POV. As for car damage, thats just tough …
I know, from personal experience, that when you enter a Motorsport “place” like a rally special stage or so on it says dangerous and at your own risk etc …
However if someone, for example, drove their car in a considered reckless way and you got injured bady due to that then there is still a possibility you can sue that person … regardless of what you have waived away by accepting its “dangerous” … at least in “my” case the assumption that by entering we accepted the risks …
Im trying to remember the wording used… anyhow maybe someone with direct knowledge can confirm …
One of the reason I only do BaT and LoT days, report muppet drivers and drive conservatively and defensively. Sure I am a bit slower and let loads of people by at times, but it means I get the space I want and don’t get frustrated. If I get stuck behind a idiot who doesn’t use their mirrors a gentle drive through the pit lane keeps me away from them. Or let someone much more aggressive past and overtake when they have bullied their way past
You can sue anybody at any time, regardless of what you sign, if you think that you have been wronged by their actions or that they have been negligent. However, by signing the indemnity you will limit your opportunities for success if you sue someone else taking part in the same activity. The purpose of the indemnity to to reduce the risk for the organiser because the same applies to them; you could sue them rather than the individual concerned but that would likely stand even less chance of success.
In either case, if you felt that either the organiser or the individual had failed in his duty to organise the event properly, drive sensibly etc., i.e. if either had been negligent, you have every right to sue them, regardless of what has been signed.
(e.g a well-known historic racer sued the organisers after his Goodwood accident because he claimed a camera had been left in a dangerous place and that it thereby exacerbated the accident and his injuries. Like all drivers he had signed the appropriate indemnity for the meeting)
What will then happen is that a lot of lawyers will make a lot of money and somebody MIGHT get compensation and somebody MIGHT find themselves with a big bill in settlement of compensation and costs.
The general understanding in competition is that costs lie where they fall in the event of an accident and that is the risk that everybody effectively signs up to. For track days (and even for racing if you want to stump up the premium) you can mitigate the risk by insuring against it.
In the worst case, even in racing, if somebody dies there will almost certainly be a coroners court to ascertain the cause of death. This might result in a claim for damages if anyone has been negligent.
Indemnities are deigned to reduce the chance of a claim but they cannot prevent anyone from being sued if the plaintive feels he has a case. Fortunately racing/track day accidents rarely make it to the courts.
The only drawback using BaT is Circuit variation it limited. LoT seem to be getting less appealing as they seem to be sharing a number of days which are also sessioned
[quote=jonnyfox]The only drawback using BaT is Circuit variation it limited. LoT seem to be getting less appealing as they seem to be sharing a number of days which are also sessioned
In reply to Ade… [/quote]
I agree completely, had to totally miss out Oulton last year due to lack of days organised there that were suitable
[quote=stevegreen]One thing I’ve never understood at trackdays is if you waive your right to claim against anyother driver if you feel they are responsible for crashing into you?
I would expect this to be a common law right we all have, but in signing all the paperwork do we expressly give this right up? [/quote]
I would imagine one does.
I’ve not ‘tracked ’ in a car , but 100’s on a Motorcyle , and organisers of m/c track days also said ’ only overtake on the right’ ( if I remember correctly )and no undertaking ( no pun ), and they would pull in and bollock any rider who transgressed , I can only recall one or two incident/ collisions.
I self insured on these also!!!
Simple rule, very effective
[quote=Mr Pesky]Mike
What you propose, is an expensive way of doing things - far better to have a specialised policy for the road which also includes trackday cover. eg via brokers such as Henderson Taylor 0161 437 7442 [/quote]
Many Thanks Rob, I followed this up and made a significant saving on my current Insurer,& with the 6 inclusive track days , so I will purchase their policy early next week.
If you can’t afford to loose it get full insurance or don’t take it on track.
I’d like to also add that if you where driving a blue Z4 at Bedford last Saturday then letting the 306 sh*tbox through would have saved you getting a red face. (all on the GoPro for when I learn to upload!)
[quote=Fluffy]
I’d like to also add that if you where driving a blue Z4 at Bedford last Saturday then letting the 306 sh*tbox through would have saved you getting a red face. (all on the GoPro for when I learn to upload!) [/quote]
What on earth are you on about ??? Or am I losing the plot ???
[quote=Podger][quote=Fluffy]
I’d like to also add that if you where driving a blue Z4 at Bedford last Saturday then letting the 306 sh*tbox through would have saved you getting a red face. (all on the GoPro for when I learn to upload!) [/quote]
What on earth are you on about ??? Or am I losing the plot ??? [/quote]
Not you as in you but you as in the driver of the blue Z4 if your reading this that we know was not you. Simples.
To be honest I can’t remeber what I was going on about.