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QUESTION ABOUT A ACCIDENT WHILE RACING

Posted By: MIKES_DUSTER

QUESTION ABOUT A ACCIDENT WHILE RACING - 10/10/12 02:30 AM

What would happen if your racing and the guy next to you loses control,crosses the center line and hits you....Is he responsible for the repairs of your car or are you on your own???
Posted By: rickraw

Re: QUESTION ABOUT A ACCIDENT WHILE RACING - 10/10/12 02:34 AM

i beleive ur on ur own, unless he wants to cover the damage.
Posted By: moparacer

Re: QUESTION ABOUT A ACCIDENT WHILE RACING - 10/10/12 02:35 AM

Quote:

What would happen if your racing and the guy next to you loses control,crosses the center line and hits you....Is he responsible for the repairs of your car or are you on your own???



You are on your own....

Thats life in the big drag racing cookie.
Posted By: MoparBilly

Re: QUESTION ABOUT A ACCIDENT WHILE RACING - 10/10/12 02:35 AM

It's on you.
If you don't like that answer, don't race or call Lloyds of London and get on track insurance.
Posted By: MIKES_DUSTER

Re: QUESTION ABOUT A ACCIDENT WHILE RACING - 10/10/12 02:38 AM

Ive raced for years but never knew the answer.
Posted By: loren kraker

Re: QUESTION ABOUT A ACCIDENT WHILE RACING - 10/10/12 03:00 AM

There is a guy on yellow bullet that sells on track ins.
Posted By: slantzilla

Re: QUESTION ABOUT A ACCIDENT WHILE RACING - 10/10/12 03:04 AM

Quote:

There is a guy on yellow bullet that sells on track ins.



Bill Lutz

On track insurance is cheap compared to having to fix your stuff out of pocket.
Posted By: sr4440

Re: QUESTION ABOUT A ACCIDENT WHILE RACING - 10/10/12 04:26 AM

Quote:

Ive raced for years but never knew the answer.



might want to ask Lori Johns about that.


Joe
Posted By: polyspheric

Re: QUESTION ABOUT A ACCIDENT WHILE RACING - 10/10/12 05:18 AM

You sue him, like anywhere else.
Not his fault? Not deliberate? You signed a waiver?
Great, his attorney can include all of those factors in his response.

If you aren't their pet, you can also sue the track for failing to inspect and supervise his car condition, and anticipate the accident.
If a component failed in his car, sue the manufacturer. It's a long list.
Sound far-fetched? Believe me, it's exactly what F. Lee Bailey would tell you.

Now, where's my $1,000 consultation fee?
Posted By: tubtar

Re: QUESTION ABOUT A ACCIDENT WHILE RACING - 10/10/12 08:49 AM

Quote:


Now, where's my $1,000 consultation fee?



It's in the mail......with the rest of the checks.
I watched a guy who was shaking down his new car , a very nice '66 Nova and probably a low 10 second car , he got out of the groove and into the marbles , stayed in it and wound up outside the guard rail and on the roof.
He was transported with a foam rubber turtle neck and back board , but his injuries weren't life threatening.
He sued the track.
The track owner never told me how it finally shook out , but I got the impression that there was a settlement because the insurance company figured it would be cheaper than litigating the deal to a conclusion.
I was working in staging , but was never asked to testify.
It looked to me like a bad case of whiskey throttle.....not unlike any 6 year old's first ride on a mini bike.
He got in trouble and never made any real effort to get out of it.
Most of us figured he got something , but have no idea how much.
On track insurance isn't cheap , but I am hoping I can afford it when the time comes.
If for no other reason than having them be the ones who lawyer up if there is a problem.
Posted By: cheapstreetdustr

Re: QUESTION ABOUT A ACCIDENT WHILE RACING - 10/10/12 01:13 PM

i totally agree about on track..
but in the pits is a different story..
i had a tow rig swing and nail my car yrs ago.
One could argue that vehicle is insured and it was..and i finally got a check.
however..
i had a guy pitted next to me and his race car was backed into by the race car across the isle..
to me ..thats not a condition of...tough cookies.
thats a condition of negligence ...IMHO.

i agree..in the lanes...all bets are off...ill forfiet my claim..
but
not in the pits..I dont forfiet my claim...It may be an accident..but if you damage my property expect to pay for your mistakes..
and vice versa
Posted By: 70Cuda383

Re: QUESTION ABOUT A ACCIDENT WHILE RACING - 10/10/12 01:21 PM

Quote:

i totally agree about on track..
but in the pits is a different story..
i had a tow rig swing and nail my car yrs ago.
One could argue that vehicle is insured and it was..and i finally got a check.
however..
i had a guy pitted next to me and his race car was backed into by the race car across the isle..
to me ..thats not a condition of...tough cookies.
thats a condition of negligence ...IMHO.

i agree..in the lanes...all bets are off...ill forfiet my claim..
but
not in the pits..I dont forfiet my claim...It may be an accident..but if you damage my property expect to pay for your mistakes..
and vice versa



This sounds fair to me. we all know the risk when in the lanes, but in the pits shouldn't be any different than being in a wal-mart parking lot or at a car show.

However, if you told me that the insurance companies tried to back out of coverage because it happened "at the track" and there's a "racing exemption" in the policy, I would not be in the least bit surprised.

I wonder what they would do/say if you drive your car to the track, as a spectator at a national level event and someone backs into your car?
Posted By: 70AARcuda

Re: QUESTION ABOUT A ACCIDENT WHILE RACING - 10/10/12 01:58 PM

Happen to me twice..almost 10 yrs to day apart..both were 64 Novas,,,1st car was a 73 Challenger that was totalled, second car is my 69 Barracuda which cost me several thousands to repair...both occurred in the lights...

the barracuda still has never been repainted from the 1992 wreck...the driver side just behind the door where the nova impacted and the door and fender are still is still in primer....

Did not even get a I am sorry from either driver...and I had to pay to have the challenger towed home since back then I used to flat tow it to the track...
Posted By: MIKES_DUSTER

Re: QUESTION ABOUT A ACCIDENT WHILE RACING - 10/10/12 04:30 PM

Ive watched some NHRA races where a Top Fuel or Funny Car puts a rod thru the block,oil everywhere and then they cross over the line and hit the other car...Thats ALOT of money so I was wondering who paid???
Posted By: gch

Re: QUESTION ABOUT A ACCIDENT WHILE RACING - 10/10/12 06:50 PM

Their sponsor.
Posted By: JohnRR

Re: QUESTION ABOUT A ACCIDENT WHILE RACING - 10/10/12 10:35 PM

Quote:

Happen to me twice..almost 10 yrs to day apart..both were 64 Novas,,,1st car was a 73 Challenger that was totalled, second car is my 69 Barracuda which cost me several thousands to repair...both occurred in the lights...

the barracuda still has never been repainted from the 1992 wreck...the driver side just behind the door where the nova impacted and the door and fender are still is still in primer....

Did not even get a I am sorry from either driver...and I had to pay to have the challenger towed home since back then I used to flat tow it to the track...



I'm going to guess that you don't line up against 64 Novas anymore ?
Posted By: jake4cars

Re: QUESTION ABOUT A ACCIDENT WHILE RACING - 10/10/12 10:38 PM

Didn't Lori Johns successful sue S.E. Buchanan for running into her at the Cajuns in Comp some years back

Joey
Posted By: 69CHARGERMD

Re: QUESTION ABOUT A ACCIDENT WHILE RACING - 10/11/12 12:26 AM

Quote:


You sue him, like anywhere else.
Not his fault? Not deliberate? You signed a waiver?
Great, his attorney can include all of those factors in his response.

If you aren't their pet, you can also sue the track for failing to inspect and supervise his car condition, and anticipate the accident.
If a component failed in his car, sue the manufacturer. It's a long list.
Sound far-fetched? Believe me, it's exactly what F. Lee Bailey would tell you.

Now, where's my $1,000 consultation fee?

Post Extras:      




Really?

I try and keep my car as safe as possible, I assume the risk running against someone and the chance I could crash, or they could take me out in a crash, not interested in suing anyone in a high risk sport if something bad happens
Posted By: slantzilla

Re: QUESTION ABOUT A ACCIDENT WHILE RACING - 10/11/12 02:56 AM

Quote:

Didn't Lori Johns successful sue S.E. Buchanan for running into her at the Cajuns in Comp some years back

Joey



It was Jim Van Cleve Jr. and she lost. Ruling was that when you put your car on the track you assume the risk as I remember it.

Van Cleve lost an oil line at the big end and rolled over the top of her dragster.
Posted By: jake4cars

Re: QUESTION ABOUT A ACCIDENT WHILE RACING - 10/11/12 10:48 PM

Quote:

Quote:

Didn't Lori Johns successful sue S.E. Buchanan for running into her at the Cajuns in Comp some years back

Joey



It was Jim Van Cleve Jr. and she lost. Ruling was that when you put your car on the track you assume the risk as I remember it.

Van Cleve lost an oil line at the big end and rolled over the top of her dragster.



Thanks Slant, I wasn't sure if I had it right, either way, I agree with the ruling, dangerous game, you have to assume the risks.

Joey
Posted By: slantzilla

Re: QUESTION ABOUT A ACCIDENT WHILE RACING - 10/12/12 02:26 PM

Quote:



Thanks Slant, I wasn't sure if I had it right, either way, I agree with the ruling, dangerous game, you have to assume the risks.

Joey



In all honesty it is very hard to win a suit against a track for an on-track incident, UNLESS you can prove the track knowingly had an unsafe condition (and you didn't know about it) or you have a lawyer who just plain wears them down until they settle.
Posted By: not_a_charger

Re: QUESTION ABOUT A ACCIDENT WHILE RACING - 10/13/12 08:16 AM

Quote:

Quote:

i totally agree about on track..
but in the pits is a different story..
i had a tow rig swing and nail my car yrs ago.
One could argue that vehicle is insured and it was..and i finally got a check.
however..
i had a guy pitted next to me and his race car was backed into by the race car across the isle..
to me ..thats not a condition of...tough cookies.
thats a condition of negligence ...IMHO.

i agree..in the lanes...all bets are off...ill forfiet my claim..
but
not in the pits..I dont forfiet my claim...It may be an accident..but if you damage my property expect to pay for your mistakes..
and vice versa



This sounds fair to me. we all know the risk when in the lanes, but in the pits shouldn't be any different than being in a wal-mart parking lot or at a car show.

However, if you told me that the insurance companies tried to back out of coverage because it happened "at the track" and there's a "racing exemption" in the policy, I would not be in the least bit surprised.

I wonder what they would do/say if you drive your car to the track, as a spectator at a national level event and someone backs into your car?



The exclusion from coverage is very specific, because it has to be. Every policy I've ever read excludes coverage during the actual contest, i.e., on the track. In the pits is not "on the track," and therefore, your insurance would cover you, and would cover the damages you caused to someone else's person or property. Of course, you have to have insurance in the first place, so if you have no liability insurance on your car (such as an all-out race car) and you back into someone in the pits, be prepared to write a check.

I've handled claims like this several times in my career. Anything that ever happened on-track was not covered. Anything on the track grounds, but not actually on the track, was covered.
Posted By: Mr.Yuck

Re: QUESTION ABOUT A ACCIDENT WHILE RACING - 10/13/12 02:06 PM

nope it's racing, when you lined up you forfit any claims...
Posted By: polyspheric

Re: QUESTION ABOUT A ACCIDENT WHILE RACING - 10/13/12 05:26 PM

Yes, really.

not interested in suing anyone

How generous, and of course morally pristine.
In the 50 years or so that I've been participating and observing civil law, I've found a high correlation between people who don't want to sue and people who expect not to be sued (because it's fair). That's them lying on the ground with their mouths open.

I wonder if, after your death or terminal coma, your next of kin, children, and treating physicians all feel the same way? Or will they be forced to use what little remains of your estate to try to overturn your waiver or re-open the original event?

Civil law is one of those subjects where "common sense", what "I was told", and what's "fair" have very little value. It's a complicated subject that many attorneys get wrong - surprised?
Posted By: sixpakdodge

Re: QUESTION ABOUT A ACCIDENT WHILE RACING - 10/13/12 10:26 PM

Speaking from experience here...you are not obligated, but I offered out of courtesy to the other driver. I felt it was the gentlemanly thing to do.
Posted By: MadMopars

Re: QUESTION ABOUT A ACCIDENT WHILE RACING - 10/14/12 07:02 AM

How about from a moral perspective? I know stepping up to pay the bill would be tough if you caused it but would you not expect or appreciate the same gesture if the tables were turned? I agree there are alot of grey areas in the legal department but I would hope that morals would come into play at some point. Unfortunately I don't think many people have them anymore.
Posted By: polyspheric

Re: QUESTION ABOUT A ACCIDENT WHILE RACING - 10/14/12 05:39 PM

The missing factor here is the appropriate definition and description of what you give up when you race; it's called "reasonable assumption of risk".
You should expect the car will go fast.
You do not expect that the track owner has forgotten to fill in the 20 × 20 hole in the shut-down area he dug up to repair the drains.
You expect the other driver may lose control.
You do not expect the other driver to be 10 years old or drunk.
You expect some mechanical part may fail.
You do not expect a spectator to cross the track near the traps.

See any difference?
You did not waive or forfeit your claim to damages for any of those examples, no matter what you signed.
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