Food for Thought

http://www.pistonheads.com/gassing/topic.asp?t=1332239&i=0

I wonder who this will affect track days? in the long term

 

reading that link...i'm not sure if anyone really knows why or what circumstance led to the court ruling against another participant at a track day. The only court case I am aware of that has been published was in 2007. If there is detail about the piston head posting then it would be good to have. Otherwise it could be the result of chinese whispers.

This from a from a current UK track day insurance company. Remember, track day insurance only covers your bike and bits...no one else's.

You have no coverage for any liability to third parties, whether personal injury/death or property. Damage is your problem following a test ruling at Wolverhampton County Court. His Honour Judge Mitchell concluded that if someone crashes into you on a trackday, even if it is clearly their fault - then tough! The judgement followed a case where a driver under tuition collided with a track day participant who then sued for damages. In essence the judge's ruling is that anyone participating on a trackday is aware of the potential risks involved and has a choice of not driving on to the circuit. (Source: Circuitdriver.com, April 2007)

 

Gareth Circumstances are all irrelevant, fact of the matter is someone has to fork out £21k after doing a track day whose ever fault it is, (I did actually try and source the court case very quick and not find anything else which I find quite odd, did say quick though). I think the driver was insured, and he was paid out by his insurance, but the insurance company then chased the person who they felt was at fault in court.

So if you are doing a track day and cause an accident, if the person who you caused it to is insured for track days, he will claim for his damages, from his insurance company, and the insurance company comes after you. Just imagine if the claimant hand ended up in a wheel chair etc. you could lose everything

 

thats what i am saying, we do not know the circumstances, because circumstances is highly relevant here, of why (in the piston head forum) the judge ruled for the Insurance company.

According to the case history ... you cannot claim against a third party on track days... There is case history (2007). Unless there is newer case history, then it would be good to know.

At the moment...despite the pages of comments on piston heads...no-one has brought hardfacts of this £21k to light.

All I can go on what has been given to me by a track day insurance company on the law as they understand it and a ruling to back it up. If I cannot claim on a third party on a track day participant, then neither can they..

 

supposedly
Claimant: Chaucer Insurance / Defendant: Owen Calloway
Incident : 14th Feb 2010
Judgement handed down : 19th September 2013
Court : Bury St Edmunds County Court

Something to note, Chaucer Insurance do not deal direct, you have to go through a broker.

 

I am sure there is some truth somewhere as Mickey Hutton from 675 is looking into it he works for Kev at brands, there are post ls on there

 

Be good to get an answer from Micky, since MSV is involved as TDO.

 

Tom, I am not sure a reworded waiver is necessarily going to stop you ending up in court, it is like me writing a T & C for my Company, saying no refunds on new goods, when clearly the UK law states people are entitled to a refund, that is the whole point of courts, just because there have been previous cases with a certain outcome does not mean it will stay like it forever. Will be interesting to see how Track day Companies deal with it and what advice they offer.

 

I have searched, British & Irish Legal Institute for past and present and recent cases, but can only find references to participants vs track/race operators, not track/race participants vs each other.

Despite signing your life away, the underlying law being upheld is a duty of care to the participants.

I wait with baited breath for some specifics on this track participant vs track participant...

 

I would be screwed as everyone will sue me for loss of track time