What happens if...........
Discussion
It's every man for himself in that regard. If you're really worried about it either get insurance or don't go at all. Even with insurance you'll likely have a hefty excess. Saying that, car to car contact is very rare on trackdays, and you can mitigate further by choosing carefully which organisers you use. The better organisers such as Bookatrack, Goldtrack and Lotus on Track don't tolerate t
ttish driving on their days.
We're all human though, and all make mistakes from time to time, so even on the best organised day the worst could happen. What's to say it won't be you that makes a mistake or suffers a mechanical failure and drives into someone else? What would you do then?
ttish driving on their days. We're all human though, and all make mistakes from time to time, so even on the best organised day the worst could happen. What's to say it won't be you that makes a mistake or suffers a mechanical failure and drives into someone else? What would you do then?
In the debates we've had about this before there has been mention of claims made by people against the tittish driver on the basis of negligence or gross negligence. I'm not sure how valid these are though. Certainly the safest(!) approach is to assume than you pick up the tab for all damage to you or your car, however caused.
Bert
Bert
Thats why its usually best to head for trackdays that encourage similar cars to yours. a) other people will likely have an appreciation of the value of the cars out there, b) speed differentials and therefore likelihood of contact are reduced.
Of course there is still the chance there'll be a muppet...
Of course there is still the chance there'll be a muppet...
This video always reminds me that no matter how careful you go the worst can still happen, and you can't even say it was bad driving, just a very unfortunate error of misjudgment.
http://www.youtube.com/watch?v=r7aigXYP8Mw
http://www.youtube.com/watch?v=r7aigXYP8Mw
Case law where it exists seems to say you pay for your own car in the event of any damage. I am sure though there could be the circumstance where a judge would rule in your favour. Imagine the extreme case of a guy who you've pissed off driving out of the pits and deliberately driving into the side of your car across the track, or say a guy who films himself driving blindfold around a circuit and manages to take out a row of cars coming into a bend!
But unless you can stump the cost of petals in a situation where you think there is a negligence cAse go prepared to foot the bill for your car.
But unless you can stump the cost of petals in a situation where you think there is a negligence cAse go prepared to foot the bill for your car.
Number 7 said:
And to take the question to its ultimate conclusion, I assume that if said perpetrator, through their bad driving, manages to injure or kill another driver, he also gets away without any penalty?
that would become a police matter, causing damage to a car which you have signed a disclaimer saying your aware might happen and someone killing you are too very different matters I think the real answer to this is that no-one is sure, its never been tested in UK law.
The disclaimer you sign is meaningless, and if you read the detail in many they don't actually say what most people believe - many of them are ensuring you don't sue the organiser and/or circuit and say nothing of participant on participant contact. I'm also not sure if a form signed between parties A and B can indemnify against actions between parties B and C.
I think the real reason you are on your own is because while theoretically you may be able to take court action against someone who crashed into you - the chances of you recovering enough cash to cover your legal costs alone would be very very slim.
The disclaimer you sign is meaningless, and if you read the detail in many they don't actually say what most people believe - many of them are ensuring you don't sue the organiser and/or circuit and say nothing of participant on participant contact. I'm also not sure if a form signed between parties A and B can indemnify against actions between parties B and C.
I think the real reason you are on your own is because while theoretically you may be able to take court action against someone who crashed into you - the chances of you recovering enough cash to cover your legal costs alone would be very very slim.
shim said:
there is legal case history as trackdays are classed as motorsport as you are doing uit on a track and motorsport is known to be dangerous and you do so at your own risk
the case of willfull damage or negligence however is another matter
I don't believe there is case history - its an urban myth, I've asked the question repeatedly and no-one can reference the case anywherethe case of willfull damage or negligence however is another matter
I don't think there is much actual precedent but the reason for this is precisely because motorsport is dangerous and you are assumed to acknowledge this so little or nothing has ever had a strong enough case to get to court.
Bottom line is 99% going to be as per the second post on the thread - your cars damage is your problem but fortunately it is a very rare situation.
Bottom line is 99% going to be as per the second post on the thread - your cars damage is your problem but fortunately it is a very rare situation.
GreigM said:
shim said:
there is legal case history as trackdays are classed as motorsport as you are doing uit on a track and motorsport is known to be dangerous and you do so at your own risk
the case of willfull damage or negligence however is another matter
I don't believe there is case history - its an urban myth, I've asked the question repeatedly and no-one can reference the case anywherethe case of willfull damage or negligence however is another matter
I'm looked these up some time ago and it seems like participants and even spectators who take part in inherently dangerous sports will obligate a case if there is willfull negligence for the safety of others and no case if it is just a loss of control etc
Edited by shim on Monday 25th October 00:03
Edited by shim on Monday 25th October 00:04
Edited by shim on Monday 25th October 18:12
MrGman said:
This video always reminds me that no matter how careful you go the worst can still happen, and you can't even say it was bad driving, just a very unfortunate error of misjudgment.
http://www.youtube.com/watch?v=r7aigXYP8Mw
IMO this video shows why you need to pick days carefully - having done a decent number of track days, I'd say 8 out of 10 people driving beyond their limits will be doing so in a scooby or evo. They can then fly arund all day understeering through the electronics, but then it all gos wrong and you get a red flag.http://www.youtube.com/watch?v=r7aigXYP8Mw
I'm not trying to troll here, but the advice above by others - "pick your day" really rings true. Days with a lot of special metal (exotic stuff), or caterhams or elises etc seen to have far fewer offs than days with high powered tin tops. IMO it's because small cars make peope feel vunerable, and with no aids people tend to scare themselves in session 1 and calm down. Meanwhile, the big barge brigade can drive badly, but still quickly, and the overconfidence sometimes outstrippes grip, and then metal gets rearranged.
Rs2oo said:
Im not overly concerned just wondered what the general moral stance is if theres an accident and if the organisers help out. Thanks for the replies.
I can guarantee the "moral stance" will be "you're on your own mate!". I'm insured 99% of the time anyway but as a minimum I'd make sure you have AA cover to get you home if the worst happens.MrGman said:
This video always reminds me that no matter how careful you go the worst can still happen, and you can't even say it was bad driving, just a very unfortunate error of misjudgment.
http://www.youtube.com/watch?v=r7aigXYP8Mw
Apologies for going slightly off-topic, but did anyone see the video that one linked to next?http://www.youtube.com/watch?v=r7aigXYP8Mw
http://www.youtube.com/watch?v=phf_sLQ000I&NR=...
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