What does KB think i should do to this prick?

**haydes55** · 2nd May 2012, 18:41

I'm on TUNA's side here, he wasn't in a race and the car driver clearly broke the rules and agreement and as a result caused harm to other track users. Firstly the organisers should have a plan in place (a clause in the indemnity form/contract signed to ride on the day). Get a good read of this and chase the organisers up to uphold their responsibilities to ensure a safe environment for you to use the track. We all know the "Motorsport is dangerous and you do so at your own risk", however it is negligent of an organiser to allow cars and motorbikes on the track together (knowing full well the consequences are likely to end in the situation that actually arose). I know at speedway the rules are all vehicles must travel the same direction around the track, no vehicle classes are allowed to mix etc. So even though it is dangerous there are rules to minimise obvious risks.

In your situation the car driver breached rules (which should of been mentioned in a briefing?), so should face a penalty from the organising body, which could be a fine, ban etc.

Did you get track day cover from your insurer?

**D3ADLYTuna** · 2nd May 2012, 18:42

Syzygy

...

**Asher** · 2nd May 2012, 18:43

Normally if there was a crash on a track i would say too bad and suck it up.
But since this was a training day and where he broke the rules of the day i feel like he should have some responsibility in this, especially since he hurt you quite badly.

**Str8 Jacket** · 2nd May 2012, 18:44

Originally Posted by D3ADLYTuna

Also the waiver only indemnifies AMCC which i have no problem with as i dont have a disagreement with them,
I also had insurance. I just wanted the guy to pay my excess. $1500
If he wont do that then im sure i can get him for property damage and the cost.

Why? The reason you sign an indemnity is because you accept the risk you take by going out on the track. The guy doesn't have to pay you anything.

**Crasherfromwayback** · 2nd May 2012, 18:46

Originally Posted by D3ADLYTuna

Nothing positive to say,
Don't say anything at all...

Well you should've said that when you started the thread!

**D3ADLYTuna** · 2nd May 2012, 18:47

ZERO cars...

**Katman** · 2nd May 2012, 18:48

Originally Posted by haydes55

I'm on TUNA's side here, he wasn't in a race and the car driver clearly broke the rules and agreement and as a result caused harm to other track users. Firstly the organisers should have a plan in place (a clause in the indemnity form/contract signed to ride on the day). Get a good read of this and chase the organisers up to uphold their responsibilities to ensure a safe environment for you to use the track. We all know the "Motorsport is dangerous and you do so at your own risk", however it is negligent of an organiser to allow cars and motorbikes on the track together (knowing full well the consequences are likely to end in the situation that actually arose). I know at speedway the rules are all vehicles must travel the same direction around the track, no vehicle classes are allowed to mix etc. So even though it is dangerous there are rules to minimise obvious risks.

In your situation the car driver breached rules (which should of been mentioned in a briefing?), so should face a penalty from the organising body, which could be a fine, ban etc.

Did you get track day cover from your insurer?

**98tls** · 2nd May 2012, 18:49

1st up i would do whatever it takes to have a face to face with the guy and go armed with a list of what this has cost you,never know he might man up and come across with some $,if he wont then i guess the next thing is legal advice i guess.Good luck eh for my money all things considered he should stump up some cash.

**haydes55** · 2nd May 2012, 18:50

lmao fail I just re-read the first post the crash happened at the ford corner, not in a ford

I am talented at reading aren't I haha

**Crasherfromwayback** · 2nd May 2012, 18:52

About your injuries...they're never fun.

But you need to harden up and take it on the chin. Not in the butt.

**tigertim20** · 2nd May 2012, 18:57

Originally Posted by D3ADLYTuna

So.
After having my bike written off by a cunt trying to undertake me on ford corner on puke track 2 sundays ago i have been to be re examined today.

Secondary analysis. Broken scaphoid bone. Broken fibula. And rotator cuff sprain. Fibre glass cast. More pain killers. Both arms re suspended. Leg in Velcro splint. $150 cost after acc subsidy. Wondering whether I should take the cunt to court seeing as he won't even give me his details for insurance or pay my excess and he effectively disabled me with his own stupidity. I reckon that's worth compensation and what ever else I can get.

This guy has not made any effort to contact me, has not given me his details or anything and is trying to ignore the situation.

What he has done is; Break the AMCC ART day rules by undertaking on a corner

While doing it got caught on camera with the cameraman agreeing to eye witness for me

Admit fault to me in front of several other riders and 2 ambulance staff

Knows he is at fault as was spoken to by the clerk of the course on the day

Cause severe pain, damage and loss to me and my health and financial wellbeing.

Not bothered to do anything and has told a friend of mine that its my responsibility on the track for my excess when i clearly did nothing wrong.

SO!

All you legal know it alls or preferably actual lawyers,
Where do i stand with this information and witnesses,
What can i take the cunt to court for and what can i expect in return for doing so.

Other suggestions or biker gatherings willing to help would be much appreciated.

Kinda sore yet somehow still typing with both arms slung.
Tuna

you would have signed a waiver.
you went fast on a track, and the numbers fell on you. shit happens. heal up and get over it. move on.
I dont see how you have any recourse whatsoever against the other person.
You have ACC to cover injury, your own insurance to cover bike damage, and you signed a waiver to make sure the organisers arent responsible.

these are the risks you accepted before going on the track.

**Virago** · 2nd May 2012, 18:59

Originally Posted by D3ADLYTuna

...I dont have the guys details at all therefore i cant contact him

So how are you going to take him to court, blah blah?

Get his contact details, and have a talk to him. Save all the fantasies about court action / revenge etc for another day.

**flyingcrocodile46** · 2nd May 2012, 19:00

Sorry for your trauma and loss but no point in complaining about what has been said (as harsh as some of it is), you did ask for it.

For my 2 cents, I'd suggest you write the experience off and accept that shit does and will happen. Even when on a training day you have to accept that occasionally someone is going to fuck up and you may end up paying the cost. If you have tried to talk to him about it and he doesn't want to know (and it really was his fault), then he is a cunt for not helping out some (you have to accept some blame for not having stayed out of his way whether you think it's appropriate or not).

Forget it and start making positive plans for replacing/fixing your bike so its better than new. Good luck.

**Madness** · 2nd May 2012, 19:03

Anyone who thinks the organisers should "take responsibility" need to wake up & realise that if they are expected to cover eventualities such as Tuna's then track days would cost something like $5,000 per person.

The other rider is likely a supreme fuckwit. Thems the breaks, pardon the pun.

Sorry for your pain.