This got me thinking. If someone else wiped me out on track (and it wasn’t my fault), who would be liable for the damage to the bike? Me or them? It seems unfair to bill me for their mistake!
Answer
I have some direct experience of this as I have read and signed the same disclaimer for a Ducati loaned bike on track.
You are talking about two separate issues. The first issue is the contract itself. This is why it is so important to read the small print on such agreements, but you are correct in that you are taking on a liability in the event you crash the bike. Ducati has a cause of action against you, irrelevant as to fault for the accident. So, if Ducati had a £10,000 bill for the repairs to its machine – unlucky! You are paying it.
The second issue relates to the cause of the crash. If someone rides like a bellend and loses control, knocks you off track, and was the cause of the crash in the first place, you can sue them. You would need to show their riding was negligent. This is known as a contribution claim (or Part 20 claims, as it is governed by Part 20 of the Civil Procedure Rules).
In plain English, you go to court to basically say: “I have had to pay £10k to Ducati; however, this is because of your fault, not mine, and therefore I want the £10k back from you.”
There is a method to let this unravel without having to cough up £10k to Ducati in the first place, but I don’t recommend doing this on your own – you will need a solicitor to navigate you through the process. I say this because few people have £10k sitting in their bank, ready to pay out to Ducati.
If Ducati were to sue you for bike damage (for example, £10k), you would let it do so and bring in the wrong-doer as a Part 20 claim. This means that if you win, the £10k will come directly from the wrong-doer and not your personal bank account. This can be a high-risk strategy, which is why I recommend lawyering up. You don’t want to miss a stage in proceedings where Ducati can get judgment against you in the first place; that would potentially scupper your chances of a successful claim against the real wrong-doer.
In the alternative, we can all ride safely and respectfully on track and not knock off any of our fellow riders.
Gavin Grewal
Fast Bikes – July 2025
