Claim from a Snetterton Trackday
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?
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.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 togtdc 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 toI 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!
- 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 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.- 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!
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
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