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Old 24th March 2011, 01:51 PM   #1
V
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Jap Spec RZ-S - Manual
Join Date: Mar 2004
Location: Suffolk
Posts: 584
Default Track Day Insurance Claim

I thought this was interesting and wouldn’t mind Jasons thoughts.

The background is that there was an collision on a trackday. Car A went off and was stranded in the gravel trap. No real damage. Soon after, Car B went off at the same place and made contact with Car A. Nobody was hurt but both cars were damaged.

Driver of Car B then heard from his motor insurance company that they had received information of him being involved in an accident. Atter many phone calls they understood it was on a racetrack on a trackday.

After that they wanted to assess the damage on Car B for a pending claim. They didn't understand that driver of Car B wasn’t making a claim as he knew he couldn’t as it was a trackday. Driver refused to let them asses the car. Nothing to do with them, which they didn’t understand.

Speaking to insurance company a bit later they said they were still being chased for payment by the other insurance company.

Spent weeks trying to get insurance company to accept that road traffic laws do not apply to trackdays. They finally accepted that fact.

They then said that they would be cancelling the insurance policy as Car B driver had broken the terms and conditions of their policy. They claimed that a trackday would void the insurance policy. In the end they let the policy run its term.

Next, they tried to remove all the no claims from their record as they said a claim had been made. They also put on record that Car B driver had been in a accident, but its a no fault, no claim. This affected him taking out a new policy. Insurance company wouldn’t renew the insurance policy as they claimed Car B driver was too high a risk. This was after explaining that even if he did another trackday, he couldn’t claim anyway.

Later, letter received from Insurance company saying they still wanted Car B driver to pay for the 3rd party damages (to Car A). Insurance company had not paid out to the other insurers.

Finally, insurance company replies to the 3rd party to say they would not be paying as the Road Traffic Act does not apply to this incident and any future correspondence to go direct to the driver or his solicitor.

A few months passed, then Car B driver recieved a letter from solicitors acting on behalf of Car A's insurance company claiming payment for damages (just under £10k). They didn’t specify what the damages were for and that if there was no reply within two weeks that they would commence court proceedings.

Solicitors for Car B driver considered that the letter was poorly written and didn't comply with the CPR pre-action protocol.

Brother of Car B driver (trainee lawyer) writes a reply six months ago. Nothing heard since.
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