Quote:
Originally Posted by JamesNoBrakes
Because the waiver prevents the track from being held responsible, but could the driver not still present a civil suit against the person that caused the damage?
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Because of the type of event both drivers participated in knowing the inherent increased risks. This is why insurance companies typically do not cover incidents at track events. Some have figured out a loop hole with their carriers where they've used the angle of it being a "driver improvement" event that wasn't timed. But I don't know if insurance companies that did have that loop have since closed it out or not.
I was at a track event where some fool did the same thing on the out lap. Speared another rider taking out her motorcycle. From what I gather, the at fault rider was encouraged to cover the other rider's damages but nothing obligates this at fault rider from what I know.
Taken from another angle, race teams would be suing each other for things they perceive as gross negligence resulting in their cars being taken out from races.
To my knowledge, I've never heard of anyone successfully suing anyone else for an on track incident.