Insurance exclusion now in NC

RickyBeam · **Posted:** Thu Jul 17, 2014 2:09 pm

Scott Johnson wrote:

...any halfassed attorney would have a field day with that writing.

And most judges would be annoyed by such BS enough to roll you under their bus. "It" means the car, and "facility" is the "racing" surface(s). The parking lots and infield at CMS is not the "race facility" during any NASCAR event. (and as I recall, there's a 15mph speed limit inside those areas.) But a judge is free to interpret it however he/she feels; the I-85 ramp leading to the track could be rolled in there, so tread lightly.

(that said, there were a few (drunk!) idiots drag racing down the midway at Sebring Friday night.)

Jason Mauldin · **Posted:** Thu Jul 17, 2014 2:29 pm

RickyBeam wrote:

Scott Johnson wrote:

...any halfassed attorney would have a field day with that writing.

And most judges would be annoyed by such BS enough to roll you under their bus. "It" means the car, and "facility" is the "racing" surface(s). The parking lots and infield at CMS is not the "race facility" during any NASCAR event. (and as I recall, there's a 15mph speed limit inside those areas.) But a judge is free to interpret it however he/she feels; the I-85 ramp leading to the track could be rolled in there, so tread lightly.

(that said, there were a few (drunk!) idiots drag racing down the midway at Sebring Friday night.)

So if you park next to a drag strip, and the drag car (or a huge 100lb tire traveling at 150mph) leaves the racing surface and hits your car are you covered?

Aaron Buckley · **Posted:** Thu Jul 17, 2014 2:34 pm

This was all related to this:

http://www.your4state.com/story/d/story ... CDbMCgcDbA

Quote:

A driving instructor died Saturday after an accident at the HyperFest at the Summit Point Raceway in Jefferson County, West Virginia.

The Jefferson County Sheriff's Office says the crash happened just after 5:15 p.m. The male driver made a sharp left turn, lost control, and crashed into a tree.

The passenger, who was the instructor, died from blunt-force trauma, according to Sgt. Robert Sell, with the Jefferson County Sheriff's Office. The victim's name will not be released until his family is notified.

The driver was taken by ambulance to Winchester Medical Center.

A separate crash happened around 2:30 p.m. at the raceway when two vehicles crashed into each other, according to Sell. One person had to be flown to the hospital. This was for the Lightning Road Race.

I'm sure the instructor's family is going after the driver. - AB

RickyBeam · **Posted:** Thu Jul 17, 2014 2:40 pm

IMO, your insurance isn't going to pay. (they normally try to avoid paying any claim.) The drag strip's insurance should pay, but they're going to point to any waivers you signed. It depends on the judge and his/her mood when it gets that far. (logically, the facility is at fault for parking people in harms way.)

clinehall · **Posted:** Fri Jul 18, 2014 7:03 am

This is how the insurance world goes round. Contracts (which is what a policy is) are written, you choose (yes you don't have much choice but to) enter into them and then when something comes up that has never been defined by the courts it gets tested and then you have precedent.

It will be interesting to see how 12 jurors see this. I wish it had occurred at something other than a "Hyperdrive", and it wasn't a Marine driving a GTO, and he hadn't been on course previously in the day. All that could be used to prejudice a jury.

Some one made a great point that this is a good reason to have Un/underinsured motorists. No matter your limit of liability you can increase your UM/UIM insurance to 1 million. It is the cheapest disability/life policy you can buy!

Scott Johnson · **Posted:** Fri Jul 18, 2014 8:47 am

RickyBeam wrote:

Scott Johnson wrote:

...any halfassed attorney would have a field day with that writing.

And most judges would be annoyed by such BS enough to roll you under their bus. "It" means the car, and "facility" is the "racing" surface(s). The parking lots and infield at CMS is not the "race facility" during any NASCAR event. (and as I recall, there's a 15mph speed limit inside those areas.) But a judge is free to interpret it however he/she feels; the I-85 ramp leading to the track could be rolled in there, so tread lightly.

(that said, there were a few (drunk!) idiots drag racing down the midway at Sebring Friday night.)

Wow, you must have stayed at a Holiday Inn express. Back to the original concerns. What if it's in the Paddock at VIR during an HPDE. I'm there as a participant, but could legitimately be driving to the restaurant or store (not "racing"). Alternatively, I could be driving towards a hot track and be participating in a race when the accident happens.

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