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Track incident or someone's fault?

Discussion in 'General' started by Aglareinmyeyes, Oct 10, 2019.

?

Pay for damage to his truck from wind gust and easy-up contact

  1. Pay 100% for his repairs

    81.5%
  2. Pay 50% of his repairs

    4.0%
  3. Pay 25% of his repairs

    3.2%
  4. Pay nothing

    11.3%
  1. JBraun

    JBraun Well-Known Member

    First world problems...
     
    Gino230, RRP and Jon Wilkens like this.
  2. TX Joose

    TX Joose Well-Known Member

    I wouldn't be arguing about paying the man but I would absolutely question $1500 for scratches. That's absurd.

    You sent him $750 that should cover it.
     
  3. BigBird

    BigBird blah

    I mean why guess, get an estimate, and that's that. what you think is fair, may not be. And well, we haven't even seen the scratch. it could be 2 " or a dented gash?

    [​IMG]
     
  4. Dragginass

    Dragginass Well-Known Member

    Wind damage is act of nature/God. Tell him to file a comp claim with his insurance and leave you alone. It doesn't matter how well you tie a canopy, weather can and will make them fly.
     
    Bruce likes this.
  5. R Acree

    R Acree Banned

    A day late and $750 short.
     
  6. TX Joose

    TX Joose Well-Known Member

    You're right.

    OP, where are the pics?
     
  7. Dragginass

    Dragginass Well-Known Member

    Damn, I could have saved him.

    The proper thing to do, from an insurance prospective, would be for him to file a comp claim. Give the insurance company the tent owner's name and if the insurance thought it was worth trying to subrogate then they can do so.
     
  8. BigBird

    BigBird blah

    You do realize, even though a comp claim doesn't affect you, it still does. Insurances are mofos. They brought up a windshield claim and a parking claim on why the rates were higher when I went policy shopping.
     
  9. Dragginass

    Dragginass Well-Known Member

    It can. Depends on company/policy etc. I was an adjuster for some time.

    I'll be the first one to pay for damages I cause, even on track, but canopy damage I would politely decline to pay. It's wind damage. I was suggesting the insurance route as a possible means of mediation for the situation moreso than means to actual damage repairs.
     
  10. Robin172

    Robin172 Well-Known Member

    Had something similar happen to a friend years ago in the UK. Someone backed into his van in the paddock at Brands. Neither of the car insurance companies would touch it because it happened on private land, not the road.
     
  11. speedluvn

    speedluvn Man card Issuer

    Is that a UK thing that they wouldn't insure the incident because the mishap occurred on private property?
     
  12. Dragginass

    Dragginass Well-Known Member

    That's weird. While police here don't get involved with accidents on private property, insurance companies here absolutely do. Parking lot claims are a popular one.....
     
    TurboBlew and BigBird like this.
  13. guzziguy

    guzziguy Well-Known Member

    I had this happen at road america, dented my a-pillar, my insurance company wasn't interested in charging the culprit, it was "natural event" which meant I was on the hook for the deductible. The culprit was up front and offered to cover it. I didn't bother collecting though as I never got it fixed. Its a car, it was new when it happened, now it is four years old and has a lot more dings, chips and scratches.
     
  14. HPPT

    HPPT !!!

    It wasn't a tree that fell on the guy's truck. Someone put that canopy there. In what universe do they escape liability? :confused:
     
    BigBird likes this.
  15. badmoon692008

    badmoon692008 Well-Known Member

    It was a rattle can job... but literally the first time it had seen the light of day... Dude was definitely salty about it but didn't ask for money or help or anything... my idiot buddy was using his gas can as one of his main tie downs, and didn't think far enough ahead that it would get lighter as he used the gas that was in it
     
    BigBird likes this.
  16. Jedb

    Jedb Professional Novice :-)

    Ultimately, the paint job doesn't matter, you (generically) own the damage if your canopy got loose.
    We usually tie down one side to the trailer and the other side with dual 5gal buckets of water per leg (so, 10gal or 40lbs)
    Tie the 4 together in the middle and add two more buckets there.

    Makes a nice space overall (20x20) for keeping out of the rain up here in the PNW.
     
  17. Robin172

    Robin172 Well-Known Member

    It was then, I don't know if it's changed but it was over 30 years ago.

    Parking lots for some reason were treated the same as the road. It was weird, have an accident in a supermarket car park, parking garage etc. - covered. Have an accident in a car park at a race track etc. - not covered. Although a vehicle stolen from private land was covered. As I said above that might well have changed now.
     
  18. Dragginass

    Dragginass Well-Known Member

    Let me turn that around. Did the guy run the canopy into the truck or did the wind blow it? He took reasonable precautions to secure it but a gust got it. There's no way he's liable in any court, nor in the eyes of an insurer. It's cool he helped the dude by paying him, but IMO it's even less necessary than paying for "on the track" damages.

    It's like the old neighbor and tree situation. If a neighbor has a rotten tree they let fall on your house, they are liable. If it's a healthy tree then they aren't. OP took precautions we all do and wasn't what any reasonable court would consider negligent.
     
  19. Funkm05

    Funkm05 Dork

    I couldn’t care less about what a court would rule. This is about basic common decency shown to fellow racers at the track. Full stop.
     
    Chris, SpeedyE and 969 like this.
  20. HPPT

    HPPT !!!

    "Reasonable" is subjective. The person getting his stuff damaged and the person causing the damage will rarely agree on what is reasonable.
    I would argue that if "reasonable" precautions can't keep your canopy on the ground, then maybe that was the wrong day to put it up. Just look at the poll here. It suggests that most responders see "reasonable" differently than you do.

    And then, there's that.
     
    galloway840 likes this.

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