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Motorsport – a charity in need?

This article first appeared in The Paddock Magazine December 2013

Charity of Motorsport
I mentioned recently about the formation of the Association of Performance Driving Instructors (APDI) and the fact it was being brought together on the back of a number of concerns instructors had been voicing for years regarding safety. There had been too many spills and unnecessary incidents over the years. I was reminded of a Ferrari I embarrassingly shunted – as the instructor – because my “regular” leather soled shoes that I was obliged to wear for the purposes of looking neat and tidy did not have a terrific relationship with the polished metal surface of the brake pedal. I was mortified of course but this pales into insignificance at the recent loss of Sean Edwards who was instructing and as a hapless passenger lost his life in what looks to have been an horrifically hard impact with little or no abatement in speed. This has only heightened the concerns the instructors have regarding safety and am pleased to say we now have one of the established F1 driver coaches amongst the ranks.


I guess insurance is one of those things people most want after the disaster – we are all immune aren’t we – until such time the “other person” is “this” person and it took the horrendous weekend of 1994 at Imola where two drivers lives were cut short to galvanise the Grand Prix Drivers Association into a more harmonious group to speak as a collective regarding driver safety. The FIA, circuits and manufacturers all did their bit over the following years – and continue to do so. F1 has grown even more since the demigod days of Senna so in the corporately sanitised world we live in today, spilled blood let alone loss of life has greater resonances, but the GPDA did speak as a voice that was listened to. At the time I was Divisional Director of a company that was already insuring a number of F1 Drivers and working closely with the GPDA we introduced not just a terrific group package which delighted many in their quest for lower premiums, but also what was then an unheard of liability insurance. Many of the F1 teams who also had their insurances with us had the advantage of what was the widest and most comprehensive third party cover – but there were limitations too on what the drivers had.


The loss of Senna had caused a ripple effect and with a death on Italian soil the law of the land was that an individual was to be found “responsible”. I think Frank Williams stayed away from Italy for a few years, but the culpability of accidents focused the drivers’ minds on a need to protect themselves – from one another – especially the ones on the high salaries and sponsor endorsements aplenty. The case of Senna had a huge ripple effect across the insurance market. The final “loss” was about six times the value of Senna’s own policy as prudent sponsors cashed in their own contingent insurance policies, but drivers started to look at each other and ask – “what if the law of the land decides it is my fault?”


The creation of what was the first ever policy to cover one driver’s possibly negligent actions against another was ground breaking stuff – if ever insurance can be seen in that light – but we delivered what was asked for and something that had not been done before. It was all a terrific success – so successful was it that only a handful of drivers actually took up the option. The others argued that £1,500 to protect £5m was all too expensive….. yep- that is actually what some F1 drivers pleaded – but I guess times were errrrrr different then?


It probably all comes back to the fallacy that we all believe it will never happen to us. I don’t believe an F1 driver’s perspective and his assessment of “danger” and really any different to that of a club race driver. I mentioned before about how it seems to be the younger competitor who when injured seeks to “blame” someone else as opposed to just accepting that they really might get hurt racing. My outwardly lonely campaign of “I’m insured – are you?” emblazoned across the front of the car I race has slightly more foundation to it than meets the eye. The young ladies who volunteered to speak and survey a considerable number of drivers were genuinely shocked themselves at the answers and blasé attitude towards protecting themselves against the bleedin’ obvious.

Importance of Motorsport Insurance
I was reminded of a New Zealand driver Chris Van der Drift who lived up to his name and drifted into the air after hitting a car in front in an horrific Superleague accident at Brands Hatch.  He was catapulted into the air and after striking the support of the bridge, his car was launched into a dizzying series of spins, briefly catching fire, and came to rest in the middle of the track on its side. The wreckage was narrowly missed by following cars as it came to rest at the bottom of the dip in the circuit. After being stabilised at the scene, where he was conscious and talking to medics, he was taken to hospital and underwent a surgical procedure on his injured hand.

What followed I personally found quite bizarre – there was an actual Appeal to help raise funds for a slightly injured driver who did not have insurance. Mark Weber had even been drafted in to help raise the much needed funds…. This was all just nuts to me. Why did the driver not have adequate insurance in the first place? Why had the team, manager and/ or organisers not taken the simple step of establishing if a driver all the way from the other side of the globe has adequate insurance – especially if he was taking part in a “dangerous sport”?

I stumbled across an established motorsport forum and the first couple of comments caught my eye:


“In fact, as far as I am concerned his manager should never be allowed to be manager of a professional driver again. How can someone 'forget' to insure his driver for personal injury due to accidents? but still claim all the prize money said driver won?” And….

“It's pretty daft for any driver to compete at an international level without adequate insurance, whether in this case that was Chris's fault or someone else’s is impossible to say”


My company was asked to make a “Donation” – I thought about this for a moment and also thought about 4 million people at the time who were left homeless in Pakistan due to the flooding and pondered who might be most in need – they probably did not even have the option of insurance and I wonder how much of the Webber supported appeal found it’s way to slightly more needy causes……

Race Driver Accident Insurance
MORIS Survey Video
Justin Everitt
On-Line Motorsport Insurance

Created by Justin Everitt

REIS Trackday Insurance Statement regarding third party liability

The following is a verbatim copy of a press release issued by REIS Insurance regarding the recent track day case has caused all sorts of issues for motorsport claims. Insurance companies are getting together to see what can be done.  

REIS Trackday Insurance StatementA conclusion is that all disclaimers will be tightened to prevent competitor to competitor claims for property damage.  However, this will not apply to personal injury claims as you cannot contract out of that.

Cheap Track Day Insurance? CLICK HERE

 The press release from Chaucer is for full circulation, so please feel free to send to colleagues.

REIS are a leading track day* (see definition below) insurance broker who arranges motorsport and track day insurance policies through Chaucer Insurance.

Chaucer Insurance has been underwriting specialist motorsport insurance for 15 years.REIS offer an accidental damage policy to cover participants for damage to their own vehicles. The track day fraternity generally accepts that all participants pay for damage sustained to their own vehicles, regardless of the circumstances and every participant signs a disclaimer intended to put this principle into effect. However, we have had our concerns regarding the validity of these disclaimers and their ability to protect individual track day participants from suing each other in the event of damage to their vehicles.

In agreement with our policyholder following significant damage to his vehicle through no fault of his own, we pursued a recovery from a driver who had collided with our insured’s stationary vehicle on the grass verge just off the track. At the court hearing last week it was held by the judge that the disclaimer did not protect the track day participant who caused damage to a vehicle that Chaucer Insurance covered under a policy arranged through REIS. The participant was ordered to pay for the damage he had caused to the other vehicle, as a result of his negligence which was established by the court through CCTV evidence.

In this instance, Chaucer Insurance will not be pursuing the award issued to them by the county court. Last weeks court case does not set a precedent for any future actions as the claim was held in a court of 1st Instance. Now that it has been established that current  disclaimers are not protecting track day participants sufficiently, we have taken legal advice which recommends that the following clause to be inserted into track day disclaimers:

‘It is a condition of your participation of the activity, or activities, in which you intend to take part that in the event of accident, loss or damage occurring during such activity or activities you will not pursue any claim for damages against any other participant (save in respect of injury or death)’

Under the provisions of the Unfair Contract Terms Act 1977 it is not possible to exclude potential liability for injury or death. If this clause is inserted into all disclaimers and every participant signs the document prior to commencing the activity then it is the view of our legal opinion that a court would enforce the clause.

Please be assured that REIS and Chaucer remain committed to a vibrant and exciting track day market. Implementation of the above clause should ensure that it remains so.

*A track day is a non-competitive event that allows an individual to drive their vehicle outside of the Road Traffic Act requirements. There is no racing; lap timing; time, speed or distance targets; or winners and losers.
_____________

By way of "post script".....

This is what MORIS.co.uk  say under their FAQ's

Am I covered for third party damage?
No. You have no coverage for any liability to third parties, whether personal injury/death or property. Damage is your problem following a test ruling at Wolverhampton County Court. His Honour Judge Mitchell concluded that if someone crashes into you on a trackday, even if it is clearly their fault - then tough! The judgement followed a case where a driver under tuition collided with a track day participant who then sued for damages. In essence the judge's ruling is that anyone participating on a trackday is aware of the potential risks involved and has a choice of not driving on to the circuit

Further Reading on Trackday Third Party Liability:

MORIS undertake survey amongst MSA Licence Holders

The fine MORIS ladies before the start
August Bank Holiday weekend was extremely wet but it was not enough to deter the MORIS ladies from attending to their duties undertaking a survey amongst competitors to establish what considerations MSA Licence holders gave to their own Personal Injury Insurance needs.

"We have undertaken a number of motorsport surveys over the years but we are conscious that too many competitors simply just don't seem to take care of their own needs" remarked Justin Everitt."Motorsport is dangerous and we are reminded of this at every reasonable point during the course of a race weekend. We don't expect to have a serous injury either yet up and down the country every weekend someone some where is hurt going about their weekends motorsport activities and we sense that competitors are just not facing up to the fact it could be them next"
Taking insurance to motorsport competitors
Practicing what we preach


Justin was racing the ultra quick March Sports 2000 Duratec partnered with Matt Manderson but Justin was using this opportunity to convey a simple but effective message on the car "I'm insured - are you?"   

10% Cashback
"Alexandra and Anca throw themselves into their mission for the day well. They are two charming ladies with disarming personalities so I knew they would be able to handle the many varied characters of the race paddock during the course of the weekend" added Everitt. "As an added sweetener for the drivers who were able to lend a couple of minutes we provided them with a simple leaflet that would provide them with a 10% Cashback on their next purchase with MORIS before 01st March 2014."

motorsport insurance survey
Briefing with Ale and Anca
"It was very important that we took time to listen to the drivers and their comments. The object of the exercise was not to attempt to rush round and see all 200 drivers of the entire race meeting, but to take on board their comments and further questions too. There were some very interesting remarks being made about injury insurance for competitors so Alexandra and Anca had more on their hands than they bargained for. It was all very interesting."

 "It confirmed some things we already knew but equally the perceptions some drivers had and the need they placed on insurance was also very interesting and this will help us enormously as we prepare for an expanded on-line product range for competitors going into 2014.  There are a number of things we have in the pipeline at the moment and what triggered this survey was the fact that we had engaged a third party to establish where our on-line motorsport insurance ranked compared with a more conventional broker who does motorsport insurance. This survey illustrated both the speed and competitiveness of our on-line motorsport race and rally insurance services website, but we knew we needed to get closer to understanding the licence holder needs - hence the survey this weekend" 


MORIS motorsport insurance talking to competitors
Talking at competitor level
On-line Survey
MORIS will be adding an on-line survey in the near future. It will take moments to complete, MORIS will not be asking for any personal details except for your email address simply so you can receive details to claim your 10% cash back on your next purchase from MORIS.co.uk before 01st April 2014.
"I first raced back in 1988 so I have always been around circuits and motorsport" explains Everitt "but my "day job" is involved with the development of motorsport insurance for competitors so we used the weekend as a platform to commence a simple survey amongst competitors. There were six simple questions which revolved around how competitors perceived the risk of their weekends racing and what they felt was a sensible cost to provide them with the cover they would need to be fully insured."

On Track Crash SurveyOn Track Insurance Winners | Moris & BRSCC Crash Survey

Best trackday insurance provider?


Best Track Day Insurance
"We would like to think so" says Justin Everitt. "Having secured insurance industry recognition for Innovation and E-Business sometime ago we have been working incredibly hard ever since to bring added value to our customers so to have now achieved an ISO accreditation too it sends out a signal to our insurers and clients that we are very much ahead of the game - and our competitors "

MORIS have recently been accredited with ISO 9001. This is a quality management system (QMS) for organisations who want to prove their ability to consistently provide products and services that meets the needs of their customers.

"This is very important to us" explains Everitt "as the longest standing Trackday Insurance provider for cars AND bikes we do not ever plan to rest on our laurels but our website has been designed around a complete range of motorsport activity and as we attract support from leading quality insurers, it is as important to them as well as our customers that we are constantly striving for ever improved standards"

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The new style MORIS website was launched earlier in the year in May and received terrific feedback from clients and insurance industry alike. "there have been a number of new competitors who have decided to tackle the trackday insurance market but from research we have done we feel confident that we can provide the most immediate, most flexible, most cost effective and most accessible trackday insurance. This, we believes makes us one of the best Trackday Insurance providers.

We have looked around at many of our competitors and many try tie you in with regular motor insurance. This might have a benefit for those who are doing multiple days year in year out but otherwise we believe this is a bit of a red herring strategy to bolster premium income for a portfolio of motor insurance - rather than really addressing the needs of trackday insurance.

Additionally many trackday insurance providers are limited to the circuits they can provide cover on in the UK which means some providers will not cover you on some UK circuits and for European Trackdays this limits the number of providers even more.

Sums insured are also a problem. Our background is not in regular motor insurance but the insurance of fast and (very) expensive race cars, so like many providers who are perhaps limited to values up to £50,000, we are not frightened of higher values. We say we can consider values of up to £200,000, but the reality is we have covered certain cars up to £300,000 and have recently been asked to accommodate a very race car valued at over £700,000. Our flexibility in this instance further adds to our belief we are all round the mots flexible and best track day insurance provider.

At MORIS.co.uk we have worked hard to consider all important "extras" to your cover such as a Recovery Insurance, Personal Injury and in some instances we even have the unique option of insuring your policy excess. No one else can do this.

Additionally and in response to the fact many circuits are now prepared to bill the driver for damage to armco and tyre barriers (Nurburgring and MSV Events in particular) we are going to be adding an option for our clients to be able to protect against these additional costs. Best Track Day Insurance? We like to think so.....

BEST TRACK DAY INSURANCE

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