O ye wise Listers,
A newcomer called me tonight to ask about on-track liability insurance (does
everyone have it? how much does it cost? who writes such policies?). It
reminded me that I don't know as much about this subject as I ought to.
Distasteful as it is, I should know more.
I THINK the following is true: a) when we sign the typical waiver form at
the track, we waive our right to sue anyone -- track owner, event organizer,
workers, AND OTHER RACE DRIVERS; b) there is a legal precedent in sports
events called "assumption of risk" that means that anyone who participates,
assumes all reasonable & expected risks. In our case, these risks would
include injury and death caused by a racing accident; c) the spectators
also sign a waiver (or one is printed on their ticket as a condition of
entry), and "assumption of risk" also applies to spectators, so drivers may
not be sued by an injured spectator; d) certainly the typical auto insurance
policy for street driving would not cover any liability during racing, and I
believe that even a personal "umbrella policy" would not cover; e) most
amateur race drivers don't have any insurance that would cover liability,
but it's a moot point because of the waivers.
Any experts out there? Is my understanding correct? Does anyone have
experience with liability insurance specifically covering your racing
activity? Anyone know if anyone has ever successfully challenged the waiver
in court, and prevailed in a liability case against an individual race
driver?
Sorry to interupt your otherwise-pleasant thoughts with this unseemly
subject, but I've never really seen any good info on it and I should
understand it better. Comments? PLEASE LET'S NOT TURN THIS INTO A
LAWYER-BASHING EXERCISE. I'm REALLY not interested in opinions & commentary
on the tort system, debates, philospophy, etc, etc ... but if you have
information & facts, I'm all ears.
Thanks,
Mark Palmer
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