Claim from a track day
Discussion
This is unbelievable.
A good friend of mine, Owen Calloway, was on a track day at Snetterton on the 14th Feb 2010. Whilst on track, during the #MSV #trackday going in to turn 1 he spotted an incident ahead, someone had spun. Concerned that the other driver was going to rejoin the track in front of him Owen lifted, causing his car to spin.
Unfortunately, this caused his car (a Honda Civic) to also spin (easy mistake) and collide with the already spun Caterham. Both cars suffered damage. Understanding it was a trackday and trackday rules, Owen accepted the damage to his own car and apologised to the other driver thinking although unfortunate, that would be the end of it.
Today Bury St. Edmund's County Court ruled him to pay £21k in damages and costs to the other driver.
ON A TRACKDAY? How can this even happen?
Thoughts?
A good friend of mine, Owen Calloway, was on a track day at Snetterton on the 14th Feb 2010. Whilst on track, during the #MSV #trackday going in to turn 1 he spotted an incident ahead, someone had spun. Concerned that the other driver was going to rejoin the track in front of him Owen lifted, causing his car to spin.
Unfortunately, this caused his car (a Honda Civic) to also spin (easy mistake) and collide with the already spun Caterham. Both cars suffered damage. Understanding it was a trackday and trackday rules, Owen accepted the damage to his own car and apologised to the other driver thinking although unfortunate, that would be the end of it.
Today Bury St. Edmund's County Court ruled him to pay £21k in damages and costs to the other driver.
ON A TRACKDAY? How can this even happen?
Thoughts?
Interesting, I would have thought that's exactly the situation where the "gentleman's agreement" would come into play, no malice,just an accident, which is world's apart from the MX5 being shunted into the tyre wall incident.
Was there any onboard video? Any witnesses that would have put forward the idea that the civic was being driven irresponsibly?
Was there any onboard video? Any witnesses that would have put forward the idea that the civic was being driven irresponsibly?
excellent the first step down the road of making tracks days too expensive cos of the potential for a massive bill thanks to those who can already afford it.
Appeal the decision.
IANAL - without the details of why the court find in favour it is a bit difficult to comment on the ruling but if more of this starts happening track days will die.
Appeal the decision.
IANAL - without the details of why the court find in favour it is a bit difficult to comment on the ruling but if more of this starts happening track days will die.
as it was at snetterton im guessing the cat driver as everyone else has to signed the disclaimer? MSV06? If so does he have a copy?
11.
Neither MSV nor any other Relevant Person shall be liable for any loss, damage, claims, costs, expenses, injury or demands suffered directly or indirectly by
me as a consequence of my attendance at or participation in this Activity provided that nothing in this form shall exclude any Relevant Person’s liability for
personal injury or death caused by its negligence. I shall reimburse MSV and other Relevant Persons against any loss or liability suffered by them as a result
of my error, default, act or omission.
11.
Neither MSV nor any other Relevant Person shall be liable for any loss, damage, claims, costs, expenses, injury or demands suffered directly or indirectly by
me as a consequence of my attendance at or participation in this Activity provided that nothing in this form shall exclude any Relevant Person’s liability for
personal injury or death caused by its negligence. I shall reimburse MSV and other Relevant Persons against any loss or liability suffered by them as a result
of my error, default, act or omission.
Edited by Steve57 on Thursday 19th September 14:20
Elliott_3R said:
The waiver only protects the organiser, not the participants. It was ruled that he was negligent by hitting the spun car.
They have all the circuit CCTV footage, but the court said it was irrelevant.
I dont get that, typical court i guess, just read the waiver again and notice this one too. They have all the circuit CCTV footage, but the court said it was irrelevant.
6.
The vehicle I intend to use is safe, complies with any relevant regulations (including without limitation relevant track regulations) and is fit to use for the
purpose(s) for which I have attended the Venue. Any in-car camera or other equipment is safely and securely attached, using bolt-on mounting systems
specifically designed for that purpose (not suction or other temporary mountings). I understand that MSV’s insurance does not cover damage to my vehicle
(whether controlled by me or any other person) during this activity, and that MSV recommend that participants procure their own track day insurance. The use
of my vehicle is entirely at my risk and I accept responsibility for any damage caused to my vehicle (whether controlled by me or any other person).
Tang Soo Tim said:
ok that realy is bad news !!most of us carry trackday insurance but only for our own cars so now the court is saying in the evnt of a incident we need fully comp insurance !!!!
bloody stupid !!!!
Can you even get third-party trackday insurance? The insurers I've looked at all mention these signed waivers/disclaimers and the fact that it is your own choice to be driving on the track with all that entails.bloody stupid !!!!
Elliott_3R said:
As soon as there is more information available, I'll post it.
From what I understand the Caterham driver was track day insured and they paid him out. They have then come after Owen for the costs.
That changes the story a little I guess.From what I understand the Caterham driver was track day insured and they paid him out. They have then come after Owen for the costs.
But I'm still interested to see how this pans out.
I guess they would need to prove negligence beyond expected accident.
Perhaps they were arguing that the mate should have slowed down on seeing the crash, but didn't slow down, approached too fast and crashed themselves.
Devils advocacy and Judge Judy legal terms ahead...
We only have heresay that the mate backed off and span.
The truth mat be he just ignored the crash, tried to power round the corner and lost in in exactly the same way as the first car.
An accidental crash is one thing.
Ignoring basic safety precautions and hitting a stationary car is something different.
It changes it from an accepted risk to negligence.
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