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when cars hit in a DE, who's responsible legaliy? and Etiquette?

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Old 08-25-2016, 12:25 PM
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cre8fun
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Default when cars hit in a DE, who's responsible legaliy? and Etiquette?

Last PCA DE I did, there was a lunch conversation about when cars hit each other on the track. I was surprised that almost everyone at the table had a different interpretation, so I figured I'd put the question out here. likely I'll get many thoughts, but hopefully some common themes.

So if two cars hit during a DE, who's legally on the hook and then a related question, what is the etiquette? So this does not side track into a conversation about whether people should carry a lockton policy, let's assume the drivers don't have "track" insurance.

I thought that everyone is responsible for their own cars no matter what happens on the track. someone was making the case that the local region had the expectation that the person at fault would pay for both cars. to me that opens a can of worms because someone has to determine "at fault." That also opens the door for injury claims/bills, but I thought those were covered by each person's health insurance regardless.

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Old 08-25-2016, 12:30 PM
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Veloce Raptor
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I would be appalled (and have been) by any car to car contact in a DE.

My opinion only is that everyone is responsible for their own hardware.
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Old 08-25-2016, 12:31 PM
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Originally Posted by Veloce Raptor
I would be appalled (and have been) by any car to car contact in a DE.

My opinion only is that everyone is responsible for their own hardware.
Agree on both counts.
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Old 08-25-2016, 12:41 PM
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your car, your problem
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Old 08-25-2016, 12:52 PM
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Not a lawyer, but believe it's covered in the Release and Waiver signed for the event. I'm sure there are some variations in these but the PCA form I've routinely signed releases PCA and "participants" among others. So in a simple unintentional contact each would be responsible for their vehicle.
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Old 08-25-2016, 12:54 PM
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Frank 993 C4S
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I've never seen a car to car in DE in 200+ track days. If it ever happened, everybody is responsible for their own equipment. There is not such "at fault" concept that applies here.
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Old 08-25-2016, 12:54 PM
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Car to car contact at a DE event could happen for a few reasons that would not justify you being appalled....

Legally, the waiver document you sign should spell out who is responsible for damages to other cars and to the track.

I would never attend an event that had me responsible for someone else's car. What would happen if some guy had a $1,000,000 car on the track and some mechanical failure caused me to hit him destroying his car?
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Old 08-25-2016, 12:58 PM
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Gary R.
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I've seen it a few times, usually a mechanical fault but not always. I would expect nothing from the other driver even if it was 100% their fault. Would I accept an offer, that would depend on the situation, but no one owes anyone anything...
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Old 08-25-2016, 12:59 PM
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Originally Posted by winders
Car to car contact at a DE event could happen for a few reasons that would not justify you being appalled....
Thanks, F. Lee Bailey
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Old 08-25-2016, 01:06 PM
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Originally Posted by Veloce Raptor
Thanks, F. Lee Bailey
I believe what he was referring to was mechanical issue, fluid on track that causes contact. That being said, each is responsible for their own cars. If an offer is extended by the party at fault, that is not only rare, but a bonus.
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Old 08-25-2016, 01:08 PM
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93 FireHawk 968
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Originally Posted by Veloce Raptor
I would be appalled (and have been) by any car to car contact in a DE.

My opinion only is that everyone is responsible for their own hardware.
This ^^^
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Old 08-25-2016, 01:13 PM
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cre8fun
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thanks for the consensus. it was always my understanding, but I was surprised at the debate that ensued at lunch. As I sat there, I felt like they were making the argument that the sun rose in the west and I took pause to consider whether I'd been wrong all these years.

the overwhelming consensus has righted my world. thanks
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Old 08-25-2016, 01:18 PM
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Originally Posted by CFGT3
I believe what he was referring to was mechanical issue, fluid on track that causes contact.
Yes. But I guess that doesn't meet with Dave's approval so I should be ridiculed instead.

Originally Posted by CFGT3
That being said, each is responsible for their own cars. If an offer is extended by the party at fault, that is not only rare, but a bonus.
When I was racing motorcycles, a guy hit me in a practice session breaking a rear set. He offered to pay for it ($300) but I refused. I didn't want to accept the money because I didn't want to feel obligated do the same if by chance I hit some guy. The damage might be $50 or it be $3,000.
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Old 08-25-2016, 01:31 PM
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The whole point of a DE is that there is essentially zero risk of car to car contact because passing is controlled. Even with a mechanical failure, car to car contact in a DE tells me that the cars were too close to one another and/or at least one driver failed to have an emergency exit strategy. Both to me are appalling, in a DE. Again, my opinion only.
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Old 08-25-2016, 01:42 PM
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At the track, race/de/whatever, no matter who was at 'fault', I pay my way and you pay yours.

I only track cars which I can throw away.... I might not be happy about it, but I have to be prepared to walk away from whatever I bring to the track. Might be why I don't have the hottest/fastest/coolest car on track.

I run some events at CoTA which attract some very serious pieces of machinery.... (getting passed by 4 McClarens in the breaking zone of 12! -- I did point them by and never lifted :-)

I'd have to seriously think twice if I was responsible for someone else's car.

Mike
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