Passenger death/injury on a trackday
Discussion
Saw this on Evo and think it deserves a mention - potentially very worrying.
On a track day, both drivers and passengers sign a disclaimer excluding any liability for death or injury. Sounds alright. However, the law says you can't exclude liability for death or injury by a disclaimer. Ah. So are you insured on track? Well, probably not in most cases because insurers generally have been excluding track days from their cover in the last 18 months or so. I don't believe specific track day insurance covers third parties either - hitting another car doesn't need to be insured because of the drivers' disclaimer, and you are allowed to exclude loss or damage caused by negligence.
So what if you were to roll the car as a result of your hard driving and as a result break your passenger's neck. No insurance, disclaimer doesn't apply => you're going to be bankrupted by the potential damages claim. Ouch.
Note that there is a principle where, if someone voluntarily assumes a risk (e.g. getting into a racing car, maybe?) then they are taken to have consented to it, but this probably doesn't apply, or if it does, will not completely absolve the driver from liability (50% of the damages claim for a broken neck is still a lot).
On a track day, both drivers and passengers sign a disclaimer excluding any liability for death or injury. Sounds alright. However, the law says you can't exclude liability for death or injury by a disclaimer. Ah. So are you insured on track? Well, probably not in most cases because insurers generally have been excluding track days from their cover in the last 18 months or so. I don't believe specific track day insurance covers third parties either - hitting another car doesn't need to be insured because of the drivers' disclaimer, and you are allowed to exclude loss or damage caused by negligence.
So what if you were to roll the car as a result of your hard driving and as a result break your passenger's neck. No insurance, disclaimer doesn't apply => you're going to be bankrupted by the potential damages claim. Ouch.
Note that there is a principle where, if someone voluntarily assumes a risk (e.g. getting into a racing car, maybe?) then they are taken to have consented to it, but this probably doesn't apply, or if it does, will not completely absolve the driver from liability (50% of the damages claim for a broken neck is still a lot).
robp said:
Well, dont passengers also have to sign on at trackdays? Know what you mean though Ted, and it probably wont be long before it happens
The point is that NO disclaimer removes liability for death or serious injury, and as most track day cars are NOT insured, and the trackday itself is only insured againts anything that is THEIR fault, you could, theoreticaly at least, get sued for millions by a passnger who you injure.
I guess the only failsafe solution is to not take passngers at all, unless you are very very rich!
I do think people should be aware of this though as I took passngers out on my last track day and didn't give this issue a seconds thought.
Some good points raised in the Evo thread by a lawyer friend of mine.
www.autoexpress.co.uk/wwwthreads/showflat.php?Cat=&Board=evogen&Number=499076&page=0&view=collapsed&sb=5&o=1&part=all
www.autoexpress.co.uk/wwwthreads/showflat.php?Cat=&Board=evogen&Number=499076&page=0&view=collapsed&sb=5&o=1&part=all
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