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Track day damage waiver for car: sensible or rip off?

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terry.sh...@gmail.com

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Apr 30, 2015, 5:17:43 PM4/30/15
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Hello All.

I am due to go on a track day during the next few weeks. This is one of those affairs where you get to drive a fast sports car around a private track. The cars belong to the organisers and it will be one at a time, rather than racing. I believe that an instructor is on board at all times.

There is some mumbo-jumbo in the Ts&Cs about being liable for the first £5K of any damage caused to the car. The organisers recommend that participants take out the company's collision waiver insurance (description below, from Ts&Cs on web site). I note the part about the waiver being void if one drives negligently or dangerously. This got me thinking whether the waiver was actually worth anything.
Could the organisers pursue me in court, or take money from my bank account, via a pre-authorised card, if I bent the car while I was *not* driving in a negligent or dangerous manner? By way of example, if the tyre blew out and caused me to crash, might I have to pay if I *didn't* have the waiver in place? On the one hand, I could imagine that the company can stipulate whatever Ts&Cs it wishes and if I then buy the product, I accept them, reasonable or otherwise. On the other hand, there seems to be a lot of law in place to protect people from being stiffed by sharks.
In essence, I would like some guidance as to whether the "collision waiver" has any value in protecting me from having to pay a £5K bill, if I bend the car, while driving within the bounds recommended by the instructor.

Cheers. Terry.

Collision Damage Waiver
Please note that prices listed on the website are the basic prices for the driving experiences, all our experiences involve some element of risk and danger. Every customer is covered by our standard public liability insurance. You may wish to take out additional cover over and above that which is provided. Accordingly you are advised to consider insurance cover for personal accident, loss of limb and even death or indemnity cover for damage caused to any vehicles on your event before embarking on your experience. Everyman Motor Racing is not responsible for any risks not specifically covered by its own insurance and on arrival at your venue for an Everyman Motor Racing experience you will be asked to sign a driver's indemnity. Without signing this indemnity you will not be able to take part. At Every Motor Racing, customers are insured to drive the cars but they are liable to the excess payment if any claim needs to be made due to damage to the vehicles. It is advised that participants purchase a waiver indemnity that is offered to them on the day. This is at the cost of £25.00 for one car and £5.00 per car thereafter and is weather dependent. Taking the waiver will void the participant from signing the indemnity on arrival. The statement reads " Everyman Motor Racing have agreed that should there be any damage whatsoever to any of the vehicles I drive today I will not have to pay the first £5,000 of damage as previously stated on the signing in sheet for my experience. The damage waiver is void if I am found to be driving negligently/dangerously. I confirm that I am not suffering from any illness or disability whether permanent or temporary which will affect my control of the vehicles being driven or instruction being taken. I confirm I hold a valid UK/International driving licence".

Peter Crosland

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May 1, 2015, 2:28:26 AM5/1/15
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This sort of clause is quite normal and reasonable rather than being
mumbo jumbo. It keeps the headline price of the drive a bit lower.
Considering how expensive a small repair on a super car can be you would
be well advised to pay the extra.

--
Peter Crosland

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steve robinson

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May 1, 2015, 3:57:23 AM5/1/15
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terry.sh...@gmail.com wrote:

> Hello All.
>
> I am due to go on a track day during the next few weeks. This is one
> of those affairs where you get to drive a fast sports car around a
> private track. The cars belong to the organisers and it will be one
> at a time, rather than racing. I believe that an instructor is on
> board at all times.
>
> There is some mumbo-jumbo in the Ts&Cs about being liable for the
> first �5K of any damage caused to the car. The organisers recommend
> that participants take out the company's collision waiver insurance
> (description below, from Ts&Cs on web site). I note the part about
> the waiver being void if one drives negligently or dangerously. This
> got me thinking whether the waiver was actually worth anything.
> Could the organisers pursue me in court, or take money from my bank
> account, via a pre-authorised card, if I bent the car while I was not
> driving in a negligent or dangerous manner? By way of example, if the
> tyre blew out and caused me to crash, might I have to pay if I didn't
Thats a normal term imposed on most of these events and at £25.00 its
well worth it.

These are fun events although your time behind the wheel is rather
short (you will be lucky to get 45 minutes)
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Nightjar <"cpb"@

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May 1, 2015, 9:22:21 AM5/1/15
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On 01/05/2015 09:39, Huge wrote:
...
> TBH, I'd take the damage waiver. If you don't have it and you crash, you're
> stuffed. If you do have it, you at least have a leg to stand on. Given
> that there's an instructor on board, I don't see how they can argue that
> you're driving like a loon.
....

I would agree with the advice about the waiver.

I am less sure whether the presence of the instructor on board is any
guarantee. I recall having a test day with Rover (obviously many years
ago). They would only let people go out in the 220 Coupé Turbo with an
instructor and for just three laps of Brands Hatch. The instructor with
me told me that, as I was obviously enjoying it so much, to take a
fourth lap and to really push the car. Hence, I had track marshals
waving frantically at me to slow down for the bends while the instructor
was telling me the best line to take through them. Had I crashed, whose
word as to the quality of my driving would the insurers have taken?


--
Colin Bignell

eastender

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May 1, 2015, 10:36:37 AM5/1/15
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On 2015-05-01 11:58:05 +0000, Nightjar <\"cpb\"@ said:

> I recall having a test day with Rover (obviously many years
> ago). They would only let people go out in the 220 Coupé Turbo with an
> instructor and for just three laps of Brands Hatch.

I did that too with a Rover at Brands Hatch. First the instructor drove
round (frightening) and then I did (not so frightening). We also drove
souped up Fiestas (I think) and single seater Formula Fords but they
were speed limited.

M.

tabb...@gmail.com

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May 5, 2015, 4:32:26 AM5/5/15
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Re a negligent or dangerous manner... I expect some would argue that any track event is dangerous driving.

'am found' - by whom? Who might have a vested interest in finding your driving dangerous or negligent?

And finally, is it not obvious that such events entail danger to a varying degree, making the driving by definition dangerous? I'm not saying its my view, but rather a view that could easily be argued/pursued.

Such activity is inherently risky, and sometimes you can't get others to carry the can.


NT

steve robinson

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May 5, 2015, 6:12:52 AM5/5/15
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tabb...@gmail.com wrote:

> On Thursday, 30 April 2015 22:17:43 UTC+1, terry.sh...@gmail.com
> wrote:
> > Hello All.
> >
> > I am due to go on a track day during the next few weeks. This is
> > one of those affairs where you get to drive a fast sports car
> > around a private track. The cars belong to the organisers and it
> > will be one at a time, rather than racing. I believe that an
> > instructor is on board at all times.
> >
> > There is some mumbo-jumbo in the Ts&Cs about being liable for the
> > first �5K of any damage caused to the car. The organisers recommend
> > that participants take out the company's collision waiver insurance
> > (description below, from Ts&Cs on web site). I note the part about
> > the waiver being void if one drives negligently or dangerously.
> > This got me thinking whether the waiver was actually worth
> > anything. Could the organisers pursue me in court, or take money
> > from my bank account, via a pre-authorised card, if I bent the car
> > while I was not driving in a negligent or dangerous manner? By way
> > of example, if the tyre blew out and caused me to crash, might I
> > have to pay if I didn't have the waiver in place? On the one hand,
There is a difference between high risk driving and dangerous driving,
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