It worth noting that, in law, it is not possible to disclaim against negligence. It is therefor important that you drive with 'due care' when in the proximity of other drivers.
Chaucer Insurance press release (supplied to me by Phil Barnard, Head of Motorsport Broking, REIS):
REIS are a leading track day* (see definition below) insurance broker who arranges
motorsport and track day insurance policies through Chaucer Insurance. Chaucer
Insurance has been underwriting specialist motorsport insurance for 15 years.
REIS offer an accidental damage policy to cover participants for damage to their own
vehicles. The track day fraternity generally accepts that all participants pay for
damage sustained to their own vehicles, regardless of the circumstances and every
participant signs a disclaimer intended to put this principle into effect. However, we
have had our concerns regarding the validity of these disclaimers and their ability to
protect individual track day participants from suing each other in the event of damage
to their vehicles.
In agreement with our policyholder following significant damage to his vehicle
through no fault of his own, we pursued a recovery from a driver who had collided
with our insured’s stationary vehicle on the grass verge just off the track. At the court
hearing last week it was held by the judge that the disclaimer did not protect the track
day participant who caused damage to a vehicle that Chaucer Insurance covered
under a policy arranged through REIS. The participant was ordered to pay for the
damage he had caused to the other vehicle, as a result of his negligence which was
established by the court through CCTV evidence.
In this instance, Chaucer Insurance will not be pursuing the award issued to them by
the county court. Last weeks court case does not set a precedent for any future
actions as the claim was held in a court of 1st Instance.
Now that it has been established that current disclaimers are not protecting track day
participants sufficiently, we have taken legal advice which recommends that the
following clause to be inserted into track day disclaimers:
‘It is a condition of your participation of the activity, or activities, in which you
intend to take part that in the event of accident, loss or damage occurring
during such activity or activities you will not pursue any claim for damages
against any other participant (save in respect of injury or death)’
Under the provisions of the Unfair Contract Terms Act 1977 it is not possible to
exclude potential liability for injury or death.
If this clause is inserted into all disclaimers and every participant signs the document
prior to commencing the activity then it is the view of our legal opinion that a court
would enforce the clause.
Please be assured that REIS and Chaucer remain committed to a vibrant and
exciting track day market. Implementation of the above clause should ensure that it
remains so.
*A track day is a non-competitive event that allows an individual to drive their vehicle
outside of the Road Traffic Act requirements. There is no racing; lap timing; time,
speed or distance targets; or winners and losers.
[End]