As you say it's unwritten. Cause someone serious injury or damage a very expensive car and you will be either paying or bankrupt.
Dont you sign waivers before going on the track ?? I know I did at the last drift day I did
As you say it's unwritten. Cause someone serious injury or damage a very expensive car and you will be either paying or bankrupt.
Of course it is, you are only legally bound to have insurance cover if you drive on public roads covered by the RTA.
you could either ask me to repair it or sue me for damages in the civil court. A car is just like any other property in this respect only you have to have 3rd party cover to use it in public.Dont you sign waivers before going on the track ?? I know I did at the last drift day I did
This is from a trackday insurers website:
"Trackdays
Am I covered for third party damage?
No. You have no coverage for any liability to third parties, whether personal injury/death or property. Damage is your problem following a test ruling at Wolverhampton County Court. His Honour Judge Mitchell concluded that if someone crashes into you on a trackday, even if it is clearly their fault - then tough! The judgement followed a case where a driver under tuition collided with a track day participant who then sued for damages. In essence the judge's ruling is that anyone participating on a trackday is aware of the potential risks involved and has a choice of not driving on to the circuit. (Source: Circuitdriver.com, April 2007)"
Seems strange that it doesn't follow case law from other similar activities (Motocross, mountain biking) where negligence on the part of others is claimable against and disclaimers are effectively worthless. With a serious injury it'd get much further than a county court and I doubt a higher court would hold the same view, but it'd be expensive to find out.