When you click on links to various merchants on this site and make a purchase, this can result in this site earning a commission. Affiliate programs and affiliations include, but are not limited to, the eBay Partner Network.
No Idea of EU rules... But whenever I hear questions/discussions about this topic I think of this worst case scenario...
You have an event open to a wide variety of people and you have two people show up... An 18yo kid who cobbled together his first track car with every spare penny he has, and a 60yo Tycoon who brings his new shiny Bugatti Chiron.
The kid, hits some oil, slides into the Chrion sending it into the guardrail and a big ball of flames totaling the car... Unless there is some level of insurance required to the held by each participant, or some bond paid up front, the only answer that makes sense is "you pay for your own stuff, no matter who is at fault."
In your case, No signal, no pass.... He needs to pay your bill.
You're too kind. Had this been an open passing session (no signal or point by) the following car still would have been at fault. He guessed wrong that you were going to leave space up the inside.
The fact that it was signal only and you didn't signal makes it definitively his fault. He should be paying both bills, not you.
It might be interesting to know if there is some culture over there that trackday participants pay each other's accident damage, but I can't see how in this case the OP is liable to pay the BMW owner's damage. Sounds like:
1. Mr. BMW executed a poorly judged pass attempt and hit the OP
2. Then decided on his own that it was OP's fault and send a bill. Total db move.
I'd guess Mr. BMW is hoping that by sending a bill, that OP might just pay it, i.e. nothing ventured, nothing gained.
I'd probably be taken off guard too if in OP's shoes, but I say ignore it.
Talk to the rental company - they almost certainly have dealt with things like this before.
But based on the description, if point-bys were required it's 100% the other driver's fault. If they were not required it's nearly certainly also the other driver's fault. So the question is not whether you pay their bill (No!) but rather whether they pay yours.
I once got a traffic ticket in Italy. A month later I received a certified letter notice. Asked the postman what would happen if I don’t accept it. Answer: we send it back undelivered.
Personally, I’d do the same with this request for payment.
This is slightly off topic but related because there was a liability waiver in place. I recently did a bunch of research into track insurance and specifically liability waivers and liability policies and thought I would share.
Most track events have these waivers yet their value is not usually understood. Just try searching RL on the subject and you will find a lot of questions but few answers. Most tracks have waivers on their own but also many hosting organizations such as PCA.
Disclaimer, I am not a lawyer or insurance agent so my information is not necessarily fact. This is simply a report of the answers I found. I am happy to be corrected as it will only mean I understand it better. This also only applies to the US and this thread is about Europe/Germany. I don't pretend to know how liability waivers are handled in the EU.
I was actually very pleased with what I learned about these waivers in the US. They serve two functions. First they limit a participants ability to fully execute a lawsuit. They are apparently quite bulletproof in a court of law and I was given real real examples where participants tried to sue other participants and the cases were thrown out. So, for the track, the organization, and the participant, this is an effective first layer of protection and very robust.
Secondly, they provide liability insurance to all parties. IIRC the PCA policy is 2MM. I know of others that are even higher. So by signing the document, you are opting into the policy, and it will cover lawsuit expenses up to that limit.
Back to the topic at hand. If the OP's situation happened in the US, and if the other driver tried to sue, it would not even be accepted in a typical court. The other participant signed the waiver and gave up the right to sue. You can simply tell them to pound sand.
In my opinion, since there was a waiver in place, the OP has no legal responsibility. If it was a tourist day, I believe the rules of public roads in Germany would apply, but that is totally different. So like others have said, just tell him to buzz off.
Last edited by sonorous; 06-30-2022 at 11:05 AM.
Reason: typo
06-25-2022, 03:05 PM
