As owner do you have legal release of liability for codriver or something?

purehobby

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Hey guys,
A question that I have wondered for driver and owners. Do you have a codriver sign some kind of form releasing you of liability or anything? I mean not that I have much but what I do I plan on keeping. I mean if you had an accident I am under the impression even if they do not come after you that there insurance or lack of insurance for medical bills may be able to come after you. How do you cover your butt on something like this? If so anyone want to share one with me so I can get an idea of how to write it up?
 
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Mooch2Peril

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Yes don’t sign you don’t as much as get in the van/truck when we pick you up at the airport.
 

mike_osborn

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This was a big concern for me, as well, but I couldn't find anyone who could answer even basic questions about it. Finally, I talked to my insurance broker that we use through our business. He had a contact with an underwriter who does a lot of race team coverage. The reality is that you can get sued. If you have insurance, that is usually the easiest way to stop any future litigation, however, it's not foolproof. Here's what they recommended for maximal protection:

1. Form a company for your race team
2. Get liability coverage with a policy limit for whatever amount you'd like to cover for
3. Get a workers comp policy as well through a state fund. I questioned why as I didn't pay anyone wages. Apparently, even if you only buy your guy(s) meals or cover hotel rooms, those can be considered wages.
4. Have anyone in the race vehicle or supporting the race vehicle (chasers and pits) sign a liability waiver.

Obviously, there's some cost in doing all of the above. Depending on how much you're trying to protect, you may want to do some or all of them. The simplest (and cheapest) is to get a waiver signed.

Hope that helps.
 
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IIRC, a waiver will not offer 100% protection from a claim, but serves to put the subject on notice.
 

JDDurfey

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I rode for a team in Baja that required us to sign a waiver. He never required it until I started getting paid. As a volunteer the team owner wasn't real concerned I guess. But when he handed me my first pay check, he handed me a waiver and said that if I wanted the check I had to sign. So I signed. I had never been paid to race, so I promptly signed and took my check.
 

purehobby

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Hmmm yeah California does suck when it comes to that stuff. Thanks guys I think I am going to at least start with a release of liability. Just never know what or when something is going to happen and while I am by no means any real race team or anything I need to protect what I have and that concerns me. Well that and the fact that at some point I roll everything once to make sure it works. So far it has always been family in the car and I have been fortunate we walk away but after the 96mph 3 summersaults in my 1400 truck ( not because I ran out of talent ) but because people were where they shouldnt of been and I spooked them while smoking pot so they panicked and dropped right in front me at 96mph. While racing BAP it was kind of in my head at times and I couldnt shake it so it had me thinking about situation we put codriver in.
 

Honda48X

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Make sure you disclose 100% that you are racing with whatever insurance company you go with. We have people enter their personnel vehicle in spectator drags and about 95% of vehicle insurance does not cover you when on the track. I have seen a kid driving mom and dad's BMW and hit the wall of the track and he found out the hard way. His mommy and Daddies State Farm Insurance denied it as he was on a Race track and his insurance was voided.
 

green787

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Actually when a person steps into a race car, most liability laws are void... The sponsor of the race might need to protect the spectators, and maybe put up hay bales for a track.... There are no laws governing the safety of race vehicles that I know of...
If you are willfully negligent, like not allowing your passenger to strap in, and there are witnesses then possibly a judge would hear your case....
Otherwise it will be thrown out due to lack of merit....
EVERYONE needs to have their own medical insurance that would pay if they got injured falling off a mountain, surfing, or hang gliding....
When that's all good and updated, THEN you have the "right" and responsibility to step into a race car....
 
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