if offering a rider- driver seat, liability?

rocky4by

Well-Known Member
Thinking about offering rider- driver position for 2017 races, I have seen some offerings in the classifieds for seat positions and whole car renting Does anyone here have knowledge of what liability concerns there can be or who to contact for that.
Thanks for any information.
 

Josh 8

Well-Known Member
Dan is 100% correct.

The bottom line is this. If any one gets hurt in the car other than family, you have got to figure they are going to sue. What you need to do is write up a basic "release of liability" that indicates that they realize and understand the inherent damagers of motorsports and racing. In there it should contain the name of the event, date of the event or series and type of activity that is taking place. Such as racing, prerunning and testing of the vehicle. Futhermore have it stated that "there is no guarantee or prediction of personal saftey to either there person or other persons. Injury could be death, dismemberment or burn".

Also have spouses sight too. They love to sue also.

The real issue you need to understand is that's if some say, a dad is killed or injureded to point that they will never be able to work again they almost have no other option than to sue in order to meet there financial needs. All the reliese is going to do is point out that they were aware of the chance of injury or death and that will help to limit the potential of liability.

Btw, I am not a lawyer. I just have to deal with this stuff.
 
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Josh 8

Well-Known Member
If your a business owner you can hire them on paper so workmans compansation insurance kicks in, in the event of a bad injury. It's the most affordable way to deal with crew issues and it works for any one involved even if there not in the race car. Such as a wreck on the highway in Baja with a chase truck.

You just need to have them hired on before the "event".
 

dan200

#BSF200
If your a business owner you can hire them on paper so workmans compansation insurance kicks in, in the event of a bad injury. It's the most affordable way to deal with crew issues and it works for any one involved even if there not in the race car. Such as a wreck on the highway in Baja with a chase truck.

You just need to have them hired on before the "event".
You mean Dailey has to pay me now? BEST DAY EVER!!!


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Josh 8

Well-Known Member
There you go Pat. Don't you feel safer now?

Btw, it's a good idea (possibly the best part) to have an arbitration agreement part of the release too. If your being sued your far better off with a judge hearing the case that is well aware of the statue of law than an ingerant bleeding hart socalist panel of 12 of the stupidest democrats the prosecuting attorney selects too judged the future of your life.
 
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dan200

#BSF200
I have had a heart to heart talk with my family who hates that I go to BAJA and do risky stuff with my "race car friends". I've explained that we do our best to mitigate the risks involved in chasing, pitting, etc. and that I know full and well that these activities are dangerous and I chose to do this anyway. They know that to try and take action against my friends who I do this with is something that is completely against my will.



And this little mishap is something that I neglected to fill them in on...
 
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rocky4by

Well-Known Member
Thanks for the information everyone, sounds like risky business:eek: I wonder what all the shops around the dune areas that rent ATV and dune buggies do... is that different for some reason?
 

trailready

Well-Known Member
ADVERTISER
The real issue you need to understand is that's if some say, a dad is killed or injureded to point that they will never be able to work again they almost have no other option than to sue in order to meet there financial needs. All the reliese is going to do is point out that they were aware of the chance of injury or death and that will help to limit the potential of liability.Btw, I am not a lawyer. I just have to deal with this stuff.
Even if you buddy/customer says he won't sue, if he's got health insurance, he will have no say in the matter. If there's a loss, his insurance company's legal team will go looking for a liable party to cover their losses and they will sue you and your insurance and will need NO cooperation from him.

If your a business owner you can hire them on paper so workmans compansation insurance kicks in, in the event of a bad injury. It's the most affordable way to deal with crew issues and it works for any one involved even if there not in the race car. Such as a wreck on the highway in Baja with a chase truck.You just need to have them hired on before the "event".
unless your company is actually in the racing business, you better hide the fact that the injury happened in a race car DURING a race or they will simply deny the claim.

Do, as Josh 8 said, get them to sign a release. just use the same one BITD uses. that thing has been well tweaked over the years and is probably pretty good.
 
Thanks for the information everyone, sounds like risky business:eek: I wonder what all the shops around the dune areas that rent ATV and dune buggies do... is that different for some reason?
Go check out one of those rental contracts.
 

johndjmix

Well-Known Member
Here's an idea. "Sell" them the truck for the race with an agreement that they sell it back to you immediately after the race or pay you $valueoftruck.

You don't own the truck for the race ... They do. ... But then I wonder if you got hurt you could sue them?!

--John




Trophylite #6013
Dunarri LLC
wildscooterparts.com
coolermods.com
 

51rcr

Well-Known Member
yeah if you ever get hurt at a friends house say you were at a park or some government owned or public area. It will save them from the insurance companies. Sucks everything is like this. That's why if someone lets ya do stuff of there property ect its a big risk for them. Can yo belive every town has skate parks though. that still amazes me.
 

dan200

#BSF200
yeah if you ever get hurt at a friends house say you were at a park or some government owned or public area. It will save them from the insurance companies. Sucks everything is like this. That's why if someone lets ya do stuff of there property ect its a big risk for them. Can yo belive every town has skate parks though. that still amazes me.
The statistics for skateboard injuries at parks or at all are dwarfed by just public basketball courts.

Seriously.


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J Burleson

Well-Known Member
"ingerant bleeding hart socalist panel of 12 of the stupidest democrats"

please tell me these spelling errors aren't on purpose. I am always amazed at how some people can slip the old "it's the democrats fault" card into any topic. Like the cop I asked about why traffic was so bad on my road. Straight faced he said, "ask the f-in liberals" as if they had thrown a head of organic broccoli at the car that wadded into the guard rail.
 
yeah if you ever get hurt at a friends house say you were at a park or some government owned or public area.
You're an advocate for insurance fraud!?! :eek:

Probably not a good idea to publish that fact. :(
 
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