Claim from a track day - Worrying indeed!!

[DannyP]

Dear Track day affectionados,

 

Heard of this through a friend. Basically his friend (Driver A) had an accident on a track day and the other parties (Driver insurance chased after him for costs. It has been through the courts and driver A has now been ordered to pay 21k in the next 14 days. This is basically going to bankrupt him. If this is the way track days are going it is very worrying as anyone doing a trackday won't only have to take the risk of his own car been smashed up but also potentially a brand new ferrari having to be paid for. Be aware!!

 

http://www.pistonheads.com/gassing/topic.asp?h=0&f=18&t=1332239&mid=0&i=0&nmt=Claim+from+a+track+day&mid=0

[Ekona]

I've read the whole thread, and I'll copy my opinion that I posted on a different forum.

 

 

It's an interesting point, and I'd love to hear Chaucer's side of things as well as the full judgement, the latter of which I suspect we'll never see sadly. My view is this:

 

1) The Cat driver has suffered here as much as anyone, with his excess having had to have been paid. Fair play, he knew the risk when he signed the insurance policy, but he's got to be around £2K out of pocket at this point.

 

2) The Civic driver should NEVER have apologised. Biggest mistake.

 

3) The Civic driver should've coughed up for a solicitor. Second biggest mistake.

 

 

I believe that the judge was probably correct on this one, regardless of my personal feelings towards things. Driving is driving, and whilst track days are clearly different to the road you're still in full control of a ton of metal with very high energy potential, so you will have to adjust your driving based upon that. If it was competitive then that's different, but it's not. If you have limited experience with track driving, the car or the circuit, then you MUST drive accordingly. The Civic driver here did not, thus negligence was easily proven. No different to driving into the back of someone on the road, if you didn't leave enough space.

 

It's a harsh lesson, but a pertinent one. As seasoned trackdayers, we've all accepted the risk before we go on track that sh*t happens, but even so if someone had been driving like a tit and crashed into me I'd personally be suing them for damages, as well as suing the TDO for not ensuring my safety (their disclaimers are worth f*ck all). If it was a genuine accident then no, I wouldn't do anything of the sort, but we've all been on days when there's been a couple of twits who are driving unsafely and that's why it's so important to report them ASAP.

 

This appears to have been a genuine accident, but we must remember that it's Chaucer that have gone after the Civic owner and not the Cat driver. If they have managed to reclaim everything so are not out of pocket at all, then really I'd like to see the Cat driver go after them for his excess as they've suffered no loss now

 

 

 

 

And my own little bit, just for this forum!

 

It's a one-off case here, where one driver has admitted liability and then not hired a solicitor. Both of these have contributed to losing the case. In the PH thread, there's another case which was very similar and was thrown out, and remember that county courts do not set precedent. My own view is this: If you drive with common courtesy and common sense on track, you won't ever have a problem. Drive like a idiot, or say the wrong thing, and expect a world of pain.

[docwra]

TBH, I still think its rough - I have video footage somewhere of me drifting at Santa Pod. I spin, and as you do stop the well off line and wait for a chance to rejoin.

 

I notice a Skyline about 300 yards away heading towards me, and then watch in amazement as he goes straight into and over my (stationery) bonnet, bending various parts of the car up in the process. He then jumps out, calls it a "racing incident" says "@*!# happens" and heads off on his merry way. Sure, I was pi**ed off but thats what happens when you go out on track, if it goes wrong then its going to cost you whether its your fault or not.

 

Ive since seen the same or similar things happen at least 3/4 times, writing cars off on a coupl eof them but who decides where the line is drawn between "negligent" and "accidental"?

[Ekona]

Yeah, it's a pretty tough call. I've always gone out on track like you, at my own risk (hence bringing the '5 to Anglesey!) and accepted the cosequences. Touch wood I've been lucky so far. I've yet to witness a car on car incident on track, plety of car to scenery ones though.

 

I still reckon if he'd had a decent solicitor then he'd have been okay. Defending yourself is asking for trouble though, unless you're 100% convinced of your argument and can prove it beyond ANY doubt.