Tracday Insurance
#11
Originally Posted by SiDHEaD,Sep 6 2005, 12:34 PM
The indemnity forms signed to participate say so.
If you ever go to an event where this any element of danger whatsover (track days, bungee jumps, paintballing etc) you'll spot us lawyers - we're pissing ourselves with laughter when signing the indemnity form because we know that most, if not all, of it is unenforceable under the Unfair Contract Terms Act and the Unfair Terms in Consumer Contracts Regulations My favourite is an exclusion of liability for death or personal injury even if the event organiser has been negligent
#12
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Originally Posted by SiDHEaD,Sep 6 2005, 12:34 PM
The indemnity forms signed to participate say so.
Well, fair enough, if they do. In that case, I'd guess that the circuit owners have factored the cost of them taking out insurance against it into the price they charge you.
I know for certain however that some of the track events I've been on contain no such waivers in the indemnity forms you sign. Usually, the organisers will simply ensure that they have public liability insurance in case of injury (or worse) and then leave it to the participants to determine what they do about covering themselves against damage to their own car or liability for damage which they cause to other participants.
#13
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The ones I have done have a form which says you have sole responsibilty for your own vehicle and they (organisers & circuit) have no liabilty. As it says you have sole responsibilty I assumed this meant you have no automatic obligation for others' cars.
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Ah! That's the kind of thing I originally thought you meant!
All that means is that they, the organisers, accept no liability for any damage which might arise to your vehicle, either as a result of your own hoonery or some other participant getting carried away and T-boning you. It means sole liability in that the buck stops with you, not them, rather than sole liability in the sense of being responsible solely for your own car......
It does not change the general position which I outlined above, in other word's that each participant is responsible for the consequences of their own actions and for any damage which their own negligence causes to anyone else there.
All that means is that they, the organisers, accept no liability for any damage which might arise to your vehicle, either as a result of your own hoonery or some other participant getting carried away and T-boning you. It means sole liability in that the buck stops with you, not them, rather than sole liability in the sense of being responsible solely for your own car......
It does not change the general position which I outlined above, in other word's that each participant is responsible for the consequences of their own actions and for any damage which their own negligence causes to anyone else there.
#15
Originally Posted by Lurking Lawyer,Sep 6 2005, 02:28 PM
Ah! That's the kind of thing I originally thought you meant!
All that means is that they, the organisers, accept no liability for any damage which might arise to your vehicle, either as a result of your own hoonery or some other participant getting carried away and T-boning you. It means sole liability in that the buck stops with you, not them, rather than sole liability in the sense of being responsible solely for your own car......
It does not change the general position which I outlined above, in other word's that each participant is responsible for the consequences of their own actions and for any damage which their own negligence causes to anyone else there.
All that means is that they, the organisers, accept no liability for any damage which might arise to your vehicle, either as a result of your own hoonery or some other participant getting carried away and T-boning you. It means sole liability in that the buck stops with you, not them, rather than sole liability in the sense of being responsible solely for your own car......
It does not change the general position which I outlined above, in other word's that each participant is responsible for the consequences of their own actions and for any damage which their own negligence causes to anyone else there.
#17
so just out of interest, proper racing drivers must sign some form of disclaimer before they drive, or teams would be suing each other left right and centre.
#18
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Originally Posted by craig armstrong,Sep 6 2005, 09:26 PM
My favourite is an exclusion of liability for death or personal injury even if the event organiser has been negligent
nurburgring is particularly onerous to the "crashee".. first you need to pay for their recovery truck, then the repair to 3 level armco barriers.. (there is a price per metre already agreed) and perhaps the biggest hit is the lost revenue from the track closure caused by your incident.
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Originally Posted by Lurking Lawyer,Sep 6 2005, 09:50 AM
The mere fact that you're on a track doesn't absolve you of liability for losses which might occur as a result of your negligence!