'Ring Trip 28th - 30th May Crash. - M5 U.K. Car !
Discussion
TEKNOPUG said:
Zed Ed said:
How much is it if you fart?
Depends if you are a tourist or local....Ae Performance said:
Please, or let me know if you put on you tube .
http://www.youtube.com/watch?v=DI5nyVIVFG8Edited by TEKNOPUG on Tuesday 6th July 17:57
TEKNOPUG said:
Ae Performance said:
Please, or let me know if you put on you tube .
http://www.youtube.com/watch?v=DI5nyVIVFG8Edited by TEKNOPUG on Tuesday 6th July 17:57
Rollcage said:
TEKNOPUG said:
Ae Performance said:
Please, or let me know if you put on you tube .
http://www.youtube.com/watch?v=DI5nyVIVFG8Edited by TEKNOPUG on Tuesday 6th July 17:57
agtlaw said:
a retard said:
Track day = Nurburgring Tourist fahrten.
that's not what the insurance industry regulator told me in their last letter. 
There is precious little case law on UK "track day" liability, and non that I have ever seen on the 'Ring. A couple of questions, if I may.
By "insurance industry regulator" do you mean the FSA ? Or the FOS ? Your website says the " Financial Services Ombudsman" which is a bit confusing ? I am assuming the FOS because I don't think the the FSA would care that much. Although the FOS don't regulate, per se.
".....Any clause in an insurance policy seeking to exclude mandatory cover is of no effect; see s. 145(3) and s. 148 of the Road Traffic Act."
That isn't strictly true, is it ? We have Article 75 (Domestic Rights insurer as it used to be), which means restrictions such as "class of use" CAN (and DO) drop an insurer out of RTA status into Article 75. And I don't think that Article 75 applies to non-UK claims. The UK regulations are stricter than that required by EU law in terms of what cannot be excluded. So I wonder what happens if UK businessman, without Business cover, is liable in Germany ? They can restrict that claim in the same way as they could "we don't want you toll-free derestricteds" ?
"The German courts have ruled that an insurer cannot escape liability during tourist driving."
Have you got a name or a link to this ? Two German claims directors have said much the same thing, i.e. "we can't pretend it is track, it is a road". But your statement makes it sound like they cannot escape any liability during tourist driving, which doesn't seem to sit very well.
I think a PI claim may be different to property damage. Do you think the right to direct action against the insurer would mean the insurer was liable ? But in cases of property, you don't have that.
Interested to hear your thoughts.
Most underwriters (and their legal advisor) seem fairly convinced either a) they are liable so just pay it b) "Trackday" restriction would stick, "if it walks like a duck and quacks like a duck" or c) the "de-restricted toll road" one will work. Given this isn't that big a deal in claims terms (yet) I can kind of understand their shrugs when I question further.
I'm currently planning a trip in September and am desperately arguing with my insurers as the don't specifically state Nordschleife and are trying the "prepared course/circuit" route which I am arguing. I'm looking for advice and examples to try and prove my case with them BEFORE I go over there.
b
d pain in the arse though, it's like pulling teeth!
Sounds like some good advice on here. (Apart from that TF = Track Day one
) so would appreciate some at:
http://www.pistonheads.com/gassing/topic.asp?h=0&f=18&t=866450&mid=86750&nmt=Nurburgring & Insurance
Hope those involved are all okay
b
d pain in the arse though, it's like pulling teeth!Sounds like some good advice on here. (Apart from that TF = Track Day one
) so would appreciate some at:http://www.pistonheads.com/gassing/topic.asp?h=0&f=18&t=866450&mid=86750&nmt=Nurburgring & Insurance
Hope those involved are all okay
Edited by Fireblade69 on Thursday 15th July 23:47
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