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Liability Insurance

To: vintage-race@autox.team.net
Subject: Liability Insurance
From: "Mark Palmer" <mgvrmark@hotmail.com>
Date: Wed, 24 May 2000 00:05:00 GMT
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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