Track Day Insurance/Cover

[DanH]

Dan - your right about lack of damage cover Sean is not the only instructor taking that risk without cover but I don't know anyone who operates any business without PLI cover - in fact isn't it illegal to do so ??

Not sure if that is the case. The trackday companies have PLI, and as Sean has said ARDS instruction qualification gives PLI for the instructor in some circumstances. Personally I think ARDS ought to be doing more, both in terms of PLI for its instructors, and in the vetting/quality of its instructors are large numbers are hopeless.

 

[InsBro]

Jez - the law isn't that different. No punitive damages, but if it could be shown the accident was down to negligence then you have a problem. No amount of disclaimers (and do any of us make pax sign them?) cover you from death or injury through negligence. Also the disclaimers that organisers get us to sign don't protect us if we give rides (they are worried enough about their own position).

Dan

The main difference is the "accept your own risk" precedent which was set in the UK quite a few years ago and other cases that go to court reinforce it.

This really doesn’t happen in the US - I can give you an example of a claim where a garage were negligent having fitted in correct brakes to a car - they knew they were incorrect and were awaiting correct parts the owner of the vehicle took the car anyway, crashed in to a person in a phone box at a level crossing and the telephone company picked up the bill!

As they say "only in America"!


Jez

 

[InsBro]

As I said in my earlier post PLI will not pick up the bill on its own for every circumstance.

Jez

 

[damian]

crashed in to a person in a phone box at a level crossing and the telephone company picked up the bill!

As they say "only in America"!

Stupid place for a 'phone box :wall

 

[InsBro]

Stupid place for a 'phone box :wall

Yeah for making emergency calls to say the level crossing isnt working

 

[DanH]

Dan

The main difference is the "accept your own risk" precedent which was set in the UK quite a few years ago and other cases that go to court reinforce it.

This really doesn’t happen in the US - I can give you an example of a claim where a garage were negligent having fitted in correct brakes to a car - they knew they were incorrect and were awaiting correct parts the owner of the vehicle took the car anyway, crashed in to a person in a phone box at a level crossing and the telephone company picked up the bill!

As they say "only in America"!


Jez

As I mentioned though, you can't disclaim death or injury through negligence. Whatever a person agrees to/signs. That's why trackday companies need PLI, otherwise it would all be 'at your own risk'! I have discussed this with an insurance lawyer.

How many people check that their passengers have done their harnesses up properly etc? Hell I've had people drive out the pits whilst I'm still adjusting and thats when the harnesses are setup right in the first place!

 

[damian]

Yeah for making emergency calls to say the level crossing isnt working

If it wasn't there, there wouldn't have a been a crash

 

[InsBro]

As I mentioned though, you can't disclaim death or injury through negligence. Whatever a person agrees to/signs. That's why trackday companies need PLI, otherwise it would all be 'at your own risk'! I have discussed this with an insurance lawyer.

Youve hit the nail on the head "negligence" the driver/instructor is not always negligent following an accident! Thats why PLI is not enough or the right cover in some circumstances.

Remember a WRC driver going in to the crowd in Wales killing a couple and injuring loads - no one claimed off him or the team!

If you read the PL cover that track day companies ran with you'd be amazed at what it actually covers.

Jez

 

[DanH]

Youve hit the nail on the head "negligence" the driver/instructor is not always negligent following an accident! Thats why PLI is not enough or the right cover in some circumstances.

Remember a WRC driver going in to the crowd in Wales killing a couple and injuring loads - no one claimed off him or the team!

If you read the PL cover that track day companies ran with you'd be amazed at what it actually covers.

Jez

I'd be surprised if it covers me as a punter injuring a passenger?! Then again it probably should as organisers sell passenger slots on most days.

Presumably it should also cover their instructors, so perhaps Sean should be officially getting recognised as an instructor on these days to fall under that umbrella?

 

[Sean Edwards]

Youve hit the nail on the head "negligence" the driver/instructor is not always negligent following an accident! Thats why PLI is not enough or the right cover in some circumstances.

Remember a WRC driver going in to the crowd in Wales killing a couple and injuring loads - no one claimed off him or the team!

If you read the PL cover that track day companies ran with you'd be amazed at what it actually covers.

Jez

Now I am just even more confused Calling you now.

 

[Supercup]

Now I am just even more confused Calling you now.

your PA got the day off ut

 

[Sean Edwards]

your PA got the day off ut

No, but wanted to talk to Jez myself