jeffw
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| posted on 26/9/13 at 10:05 AM |
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quote:
Originally posted by daveb666
I'm amazed there's been no formal statement from the track-day company.
Why? The legal case had nothing to do with any TDOs so why would they comment.
This concept of negligence is applicable to all activitys not just trackdays and any waiver you sign will only stand up until lawyers and courts are
involved.
As I said....
Drive to the rules of the day and if something happens
Don't admit anything and get legal representation if they come after you.
Of course if the Caterham owner had no insurance this would not have happened but he would have been out £8K or whatever they paid out. The Civic
owner was done for £21K (cost of the Caterham and legal expenses).
[Edited on 26/9/13 by jeffw]
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jeffw
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| posted on 27/9/13 at 04:17 PM |
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From Chaucer Insurance
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.
[Edited on 27/9/13 by jeffw]
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rdodger
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| posted on 27/9/13 at 06:02 PM |
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WOW!
That's refreshing!
Well done Chaucer & REIS!
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jeffw
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| posted on 27/9/13 at 06:12 PM |
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Just hold your horses on that thought.....
a. Member of staff at Chaucer go after the negligent driver due to an issue with the waivers
b. Wins case and retires to the pub to celebrate
c. Lots of negative publicity arises on various forums
d. Other people at Chaucer suddenly realise that lawyers will be coming after all sorts of people and that the Trackday Market (and therefore a large
part of their business) will die in the UK
e. Senior Managers realise that Chaucer may have just had a 'Ratner' moment....and furiously back pedal issuing the press release above
f. Everything as it was....nothing to see here
the end
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AdrianH
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| posted on 27/9/13 at 06:49 PM |
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A few thoughts on this. I have been reading it with interest and also following the MX5 croft incident in other posts.
I am defiantly not a lawyer that can understand all the relevant sections of a waiver, nor as a lay person would I be able to say by looking at video
evidence, if I could determine for sure if an accident was down to negligence or an error in judgement due to not being a professional racing driver.
One learns by making mistakes.
I find it very hard to believe that the change in stance' is not down to peer pressure, after initially taking it to court getting awarded
damages and court costs for them to turn around and imply it was done for the benefit of all undertaking track days is unbelievable.
Owen Calloway will now have a County Court judgement against his name for negligent driving, a fact I would expect has to now be declared at all times
when obtaining any insurance over the next 5 years. This will cost him dearly irrespective of the insurance companies change of direction. What has
been done will be very hard to undo!
I have only ever done two track days, I found it slightly intimidating at times with the faster and more powerful cars, some drivers did take into
account my novice status leaving me space, some did not, I found I was more concerned with causing damage to others through my own ineptness then that
of damage to my own car. and as such I think the discussions in this thread, will have opened eyes and will continue to put off would be track goers
for a little while to come.
Adrian
[Edited on 27-9-13 by AdrianH]
Why do I have to make the tools to finish the job? More time then money.
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