Claim from a Snetterton Trackday

Claim from a Snetterton Trackday

Author
Discussion

Elliott_3R

Original Poster:

291 posts

263 months

Thursday 19th September 2013
quotequote all
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?

Exige77

6,522 posts

197 months

Thursday 19th September 2013
quotequote all
This is a very important development and should maybe be moved to SP&L ?

Ex77

Elliott_3R

Original Poster:

291 posts

263 months

Thursday 19th September 2013
quotequote all
How do I move it? Or just repost?

Exige77

6,522 posts

197 months

Thursday 19th September 2013
quotequote all
If you "report it" and ask one of the mods to move it over.

Thanks

Ex77


slippery

14,093 posts

245 months

Thursday 19th September 2013
quotequote all
I had no idea such claims were even possible on a track day. Certainly an interesting development.

QBee

21,338 posts

150 months

Thursday 19th September 2013
quotequote all
I am shocked, as I thought that we all signed the MSV waiver, accepting that any damage to our own cars was our risk.....
I will check my track day insurance, though I am pretty sure that it only covers damage to MY car.

TuxMan

9,011 posts

244 months

Thursday 19th September 2013
quotequote all
Absolutely stupid !!!!!! That's just caused loads of crap !!!

jayemm89

4,127 posts

136 months

Thursday 19th September 2013
quotequote all
I had always taken it as read that you accept risk on a trackday, that is why there is trackday insurance.

Also does it not seem off your friend has had no chance to explain his side? Seems a bit odd to me

slippery

14,093 posts

245 months

Thursday 19th September 2013
quotequote all
Are you sure you've got the whole story OP? Although I can't really see how it can be mis-interpreted.

Elliott_3R

Original Poster:

291 posts

263 months

Thursday 19th September 2013
quotequote all
My friend did get the chance to tell his side. It was decide he was negligent.

Got the whole story. Will post the reports etc when possible.

slippery

14,093 posts

245 months

Friday 20th September 2013
quotequote all
Scary stuff. Look on the bright side, I've been on track (although never hit) some VERY expensive metal! Does this open the door to personal injury claims in such situations too? I wouldn't fancy losing everything for a few hours on track, even if it is something I love doing!

QBee

21,338 posts

150 months

Friday 20th September 2013
quotequote all
slippery said:
Scary stuff. Look on the bright side, I've been on track (although never hit) some VERY expensive metal! Does this open the door to personal injury claims in such situations too? I wouldn't fancy losing everything for a few hours on track, even if it is something I love doing!
That was my thought too. The car damage risk is kind of limited to the value of the car, though I too have been on track with nearly £200,000 supercars here in the UK. But the claim arising from paralysing a younger driver or passenger? Doesn't even bear thinking about. I have written to MSV asking them urgently to review the legal side of their documentation and procedures, as not only does the sign on document look inadequate, unless it is fully explained to the person signing it, it has little weight in law anyway.

gtdc

4,259 posts

289 months

Friday 20th September 2013
quotequote all
QBee said:
That was my thought too. The car damage risk is kind of limited to the value of the car, though I too have been on track with nearly £200,000 supercars here in the UK. But the claim arising from paralysing a younger driver or passenger? Doesn't even bear thinking about. I have written to MSV asking them urgently to review the legal side of their documentation and procedures, as not only does the sign on document look inadequate, unless it is fully explained to the person signing it, it has little weight in law anyway.
Be interested to hear from you about that QBee. To melindi@goldtrack.co.uk if you were minded to

ashgt4

49 posts

155 months

Friday 20th September 2013
quotequote all
Will this mean the end for trackdays? As i am sure race organiser/track owners do you want the hassle of claims from a small amount of tossers that want to blame someone for an accident.

You sign a disclaimer
You bin it or someone does it for you
Gutted
Simples

QBee

21,338 posts

150 months

Friday 20th September 2013
quotequote all
gtdc said:
QBee said:
That was my thought too. The car damage risk is kind of limited to the value of the car, though I too have been on track with nearly £200,000 supercars here in the UK. But the claim arising from paralysing a younger driver or passenger? Doesn't even bear thinking about. I have written to MSV asking them urgently to review the legal side of their documentation and procedures, as not only does the sign on document look inadequate, unless it is fully explained to the person signing it, it has little weight in law anyway.
Be interested to hear from you about that QBee. To melindi@goldtrack.co.uk if you were minded to
I will email you shirley.

was8v

1,984 posts

201 months

Friday 20th September 2013
quotequote all
This is not good.

Did they have a copy of the Caterham drivers signed waiver from MSV? Was this waiver dismissed by the court / why?

I guess not as Caterham driver was suing Honda driver, not MSV.

Would be interesting to hear more details as well as from MSV and other TDOs

Evo9lution

637 posts

146 months

Friday 20th September 2013
quotequote all
I would think that if they have found your mate negligent then they must be saying something like he did not obey flags or something like that? Any possibility of some more facts about the case:
- was witness evidence given and whom gave this (i.e. other drivers, marshals etc.)
- was there any video evidence used?
- what was said about the disclaimer?

I would think that this will not stop track days, but it may alter them so that every participant is required to have track day insurance in order to participate (this must always remain own car only or else premiums would be huge in case your Corsa rams an Aventador). This may not be the worst thing to happen tbh but it will need to be regulated to ensure that insurance companies don't get silly with premium costs. Companies will also need to be required to not claim from other participant's insurance or else the whole thing will become a farce!

Edited by Evo9lution on Friday 20th September 17:58

Evo9lution

637 posts

146 months

Friday 20th September 2013
quotequote all
Evo9lution said:
I would think that if they have found your mate negligent then they must be saying something like he did not obey flags or something like that? Any possibility of some more facts about the case:
- was witness evidence given and whom gave this (i.e. other drivers, marshals etc.)
- was there any video evidence used?
- what was said about the disclaimer?

I would think that this will not stop track days, but it may alter them so that every participant is required to have track day insurance in order to participate (this must always remain own car only or else premiums would be huge in case your Corsa rams an Aventador). This may not be the worst thing to happen tbh but it will need to be regulated to ensure that insurance companies don't get silly with premium costs. Companies will also need to be required to not claim from other participant's insurance or else the whole thing will become a farce!
Sounds like it was the insurance company who started the legal action from the SPL thread. Very, very dangerous precedent! They should be ashamed of themselves.

It would be good to find out which insurance company it was and everyone should boycott them from now on - although, it's likely too late now.

Edited by Evo9lution on Friday 20th September 17:59

QBee

21,338 posts

150 months

Friday 20th September 2013
quotequote all
It was the Caterham's insurers who paid out and then sued.

Evo9lution

637 posts

146 months

Friday 20th September 2013
quotequote all
QBee said:
It was the Caterham's insurers who paid out and then sued.
Yeah, complete pile of crap tbh. I actually feel a bit for the Caterham driver as well now as he did nothing wrong.