Heads-up for Track Day Lovers......

[YellaBelly]

Saw this:
http://www.pistonheads.com/gassing/topic.asp?h=0&f=18&t=1332239&mid=46799&i=0&nmt=Claim+from+a+track+day&mid=46799
on another forum and thought that you guys who are on track regularly might want to take a read. Quit worrying!!!

JB

[Moleman]

Your always going to get different veiws on trackday accidents mate.
If you spent your life on the what if's? Then you wouldn't do anything. 

[YellaBelly]

I agree, just made for an interesting read

[garry h]

HI guys Ive never done a track day but just wonder if this is the thin edge of the wedge with all the health and safety, where theres blame theres a claim going on  etc.
I would of thought as already stated that it would of been put down to a racing accident and left on the track.

[Moleman]

You would think so Gary but I guess each one can have different factors to consider.     

[Lucky Ed]

During the drivers briefing at Pembrey last Saturday, Ed Moore the MD of MSE, made us all aware of the shinanigans on the internet and made a special point of telling all drivers that they only take part at their own risk, and would be unable to claim against another party regardless of fault or negligence. If anyone was unhappy with this they were told not to take part in the day, and added that the future of track days and motorsport in general was under threat if people are unable to accept the risk to their own cars as they have done for decades.

We all take part in these events being fully aware of the risks - if you can't afford to bin it don't track it

['The Gaffer']

Indeed quite an interesting case. Apparently the insurance company are going to make a statement.

[YellaBelly]

It's just like all of these idiots claiming whiplash and the insurance companies jumping on the bandwagon 

[Lucky Ed]

Indeed quite an interesting case. Apparently the insurance company are going to make a statement.

The insurance company's PR is taking a real bashing on this one

[Moleman]

During the drivers briefing at Pembrey last Saturday, Ed Moore the MD of MSE, made us all aware of the shinanigans on the internet and made a special point of telling all drivers that they only take part at their own risk, and would be unable to claim against another party regardless of fault or negligence. If anyone was unhappy with this they were told not to take part in the day, and added that the future of track days and motorsport in general was under threat if people are unable to accept the risk to their own cars as they have done for decades.

We all take part in these events being fully aware of the risks - if you can't afford to bin it don't track it

Well said mate. I cant afford to replace mine everytime but It's worth the risk. 

['The Gaffer']

If you haven't seen it already. Chaucer said:

REIS are a leading track day* (see definition below) insurance broker who arranges
motorsport and track day insurance policies through Chaucer Insurance. Chaucer
Insurance has been underwriting specialist motorsport insurance for 15 years.
REIS offer an accidental damage policy to cover participants for damage to their own
vehicles. The track day fraternity generally accepts that all participants pay for
damage sustained to their own vehicles, regardless of the circumstances and every
participant signs a disclaimer intended to put this principle into effect. However, we
have had our concerns regarding the validity of these disclaimers and their ability to
protect individual track day participants from suing each other in the event of damage
to their vehicles.
In agreement with our policyholder following significant damage to his vehicle
through no fault of his own, we pursued a recovery from a driver who had collided
with our insured's stationary vehicle on the grass verge just off the track. At the court
hearing last week it was held by the judge that the disclaimer did not protect the track
day participant who caused damage to a vehicle that Chaucer Insurance covered
under a policy arranged through REIS. The participant was ordered to pay for the
damage he had caused to the other vehicle, as a result of his negligence which was
established by the court through CCTV evidence.
In this instance, Chaucer Insurance will not be pursuing the award issued to them by
the county court. Last weeks court case does not set a precedent for any future
actions as the claim was held in a court of 1st Instance.
Now that it has been established that current disclaimers are not protecting track day
participants sufficiently, we have taken legal advice which recommends that the
following clause to be inserted into track day disclaimers:
'It is a condition of your participation of the activity, or activities, in which you
intend to take part that in the event of accident, loss or damage occurring
during such activity or activities you will not pursue any claim for damages
against any other participant (save in respect of injury or death)'
Under the provisions of the Unfair Contract Terms Act 1977 it is not possible to
exclude potential liability for injury or death.
If this clause is inserted into all disclaimers and every participant signs the document
prior to commencing the activity then it is the view of our legal opinion that a court
would enforce the clause.
Please be assured that REIS and Chaucer remain committed to a vibrant and
exciting track day market. Implementation of the above clause should ensure that it
remains so.
A track day is a non-competitive event that allows an individual to drive their vehicle
outside of the Road Traffic Act requirements. There is no racing; lap timing; time,
speed or distance targets; or winners and losers.

[paintman]

Good news that Chaucer has done a u over the £21thou. claim.  Bet the unfortunate driver will sleep better tonight.

Chaucer probably worked out that the bad publicity they were receiving would result in heck of a loss in clients in the next few years or so.

Common Sense Rules Supreem!!!

[YellaBelly]

At last! Some common sense (and probably some ooops factor thrown in too )