Now I’m in my older years, I try and do half-a-dozen track days a year. Usually I go with my mates and now my son since he’s grown up. I appreciate I am not as quick as I used to be and am just out there for some fun. I have a fully tricked out Fireblade (I’ve always been a Honda man) and was at a track day last autumn. We did the briefing and signed the disclaimer, etc., and headed out.
Now, we had been told specifically no overtaking in the group we were in, but after two laps some t#at with ‘all the gear and no idea’ on a Ducati thought he would overtake all the ‘slow’ people, as he termed it afterwards.
Long story short, as I braked and tipped in for a right-hander, the Ducati Dipstick decided he would try and dash down the nearside. In doing so, he rear-ended me and off we skittled into the gravel trap. The knock-on of that is I broke my femur in two places and now have more metalwork than RoboCop (that reference will give you an idea on my vintage!).
Naturally, my own fully comp. insurer won’t pay out for an accident on track, and I am now left with a smashed-up bike, a smashed-up leg and six months with no wages (I am a self-employed plumber). The track day people have told me I have no claim against them as I signed a disclaimer. They also won’t give me the Ducati man’s name and address.
Is there a route through for me to compensation? I would just add that I have my own on-board footage showing the rear-end smash.
Answer
Yes, there is a route through, but it may well be tricky. Firstly, you should be aiming your claim at the Ducati Dipstick, not the track day organiser as this appears to be his fault, not theirs.
In simple terms, you will need to prove that Dipstick was negligent in breaking the rules of the track day and caused the accident and your injuries and loss. If you can do that, you can claim compensation from him.
Now I have said this, it may be tricky because if the track day organiser won’t give you his name and address, you may have to make a Court application against them to get an Order against them to release his details. This will, of course, take time and money. However, a Court should order that, and once you have his details, you can crack on with your claim against the Ducati Dipstick.
I would just add that even if you get all of his details and win your claim against him, you may struggle to get the actual money off him. For an extreme example, if he does not have a job and lives in a rented house, he may be a ‘man of straw’ and you may never see a penny. That said, you won’t know what will ‘fall down’ until you ‘shake the tree’, and we have had our fair share of clients who have been compensated in situations like yours.
Lastly, make back-up copies of your video. That evidence is vital and will aid no end in proving your claim. A picture speaks a thousand words, as they say.
Andrew ‘Chef’ Prendergast
More Bikes – April 2024
