There seems to be a misunderstanding about the risks and dangers involved when drifting at an organized (sanctioned) drift event. There are several legal terms that are used that may not be understood. This post is about discussing these terms, so that every person who is involved with an event can have a better understanding of 'why things are' the way that they are.

One of the most important terms used in Insurance (as used in sports or event coverage) is "Inherent Danger or Risk". Inherent danger or risk basically means that the activity has risks involved with the activity. In sky diving, "Inherent Danger or Risk" would be things like 'the parachute not opening', death, or serious injury, or something along those lines. In Drifting, the inherent dangers include hitting wall, hitting another car, damage to your vehicle, as well as death or serious injury.

So now you know what "Inherent Danger or Risk" is, what's this liabilty waiver that I sign at the event? The substance of a waiver is that it specifically advises the participant of an inherent danger relating to a particular activity, and that the issuer (Event promotor or facilty owner) will not be held responsible for any loss or injury which may occur as a result of their participation in an activity (i.e. disclaimer, hold-harmless clause). In signing the waiver, a participant willingly assumes the prescribed risks and the gives up the right to sue if adverse consequences result. A liability waiver can also be called a release, disclaimer or informed consent.

Okay, so you ask, "why does the event holder have to have insurance if I sign a waiver?". The insurance policy covers the event holder in the event of an unexpected accident. Anybody can sue, regardless of fault, waiver, or anything else, thats our wonderful justice system. The policy protects these entities from these proceedings.

and you're still scratching your head, aren't you? "If I sign a waiver, and the event holder has insurance, what do I have to worry about?". The answer? ALOT. Insurance is issued to cover an event under the premise that the event holder does everything in there power to hold a 'safe' event. If a semi-serious accident occurs at an event, and an insurance investigation reveals that certain safety criteria were not met, (no helmets on drivers, spectators allowed too close to the track with no barrier, etc) than they will find the event holder 'negligent', and may decline to cover the incident due to negligence. This might put the event holder on the line.

How does this effect you? Well, you see, the track has many avenues of security, but you don't. You signed a waiver stating you would not hold the event holder responsible in the case of an incident, but what's covering you? NOTHING. If you run 'off-course' and hit somebody, or run into another driver, you are liable and seeing as how your insurance company WILL NOT cover you while on a track, expect to get sued. You have NO PROTECTION.

The fact that you have NO PROTECTION is the reason why many TR members question the safety @ events that seem thrown together hap-hazardly.

Here are some questions you need to ask before attending an event:
What is the event holders track record with THIS type of event?
What is the event holders Safety equipment requirements and inspections?
What is the event holders expectations of you?
What is the event holders plans for driver orientation?
What is the event holders plans for spectator and driver safety while on-course?

The $25 you may spend now could add up to alot of $$$ after a nice lawsuit. I personaly hope that no TR or FloridaDrift member ever has to face this.

So in closing, there are inherent dangers and risks to drifting, but proper course setup, safety inspections, spectator control, and general guidance help produce a safe enviornment for all to play in.

Charles

 

Let me see.... I asked, and you didn't answer, so I am only left to speculate. Do you feel the questions I asked in the other post were 'unreasonable'?

And the hap-hazard comment was not directed entirely towards you. Everybody here knows that Hialeah (post DGT, pre Ter-tech), and Lakeland kinda fit into this category.

 

Thanks for the breakdown, it answered some of my questions about waivers and liability, HOWEVER, unless you expect DGTrials to hold the only amatuer events here in FL you need to welcome Newb's opening their facilities for us to try. One has to start somewhere right?

 

dude, i really believe Charles is not putting down your event, he is just trying to give you the heads up on what might happen. you are going to be running lots of activities at the same time, so who is going to be taking care of whats happening in the track, also the $25 entry fee is a great price which also means lots of drivers, which mean less seat time due to you havent put a driver limit. Other than the fact the drivers will pay $25 and only go for one run, I believe if you try hard the event might be a sucess.

 

Companies like ter -tech have been throwing organized events for over a year now.

 

i have a small penis

 

well , i think this is not a thread dedicated to bashing other organizers....
now if you say we are not covered by our insurance ....mine does cover me, Liberty Mutual, thaey are a pain in the butt to get things from , i also have complete coverage and my red s14 was apraised , wich they accepted..( apraiser is on this forum not allowed to name him) and also accepted the fact that my car was built with the intencion to see track days, all i have to do is call them , explain , they go in my file, see that i am not B.S.ing them, they charge me 97.34 on my credit card( that amount is a percentage of my premium) and it's good for a week as long as its on the way , on the track or on the way back , then it just expires and goes back to normal coverage..... things they requested ; a current racing permit(wich istill dont have)
how do you get one ???? any race dedicated driving school for more than 90 hrs...
havent done it yet just poor... but so far i am able to loop around there own rules...
check with your insurance provider and see what they say ..another thing i have been with them for over five years now and an impecable PAY record....that look for things like that, ohh and thank god no accidents, or claims of any kind..

 

I believe you need insurance for that son.