SAIYAJIN

Guys,

Looking desparately for some help. I had a run in with a tirewall at a track in Ontario, Canada last weekend and I have filed a claim through my insurance company. There are unsure of whether they will cover me.

They say it depends on 2 things:

1) the appraiser's report - this was done today and his opinion is the car is a total loss

2) my official written statement about the incident which I am supposed to talk through with the guy tomorrow.

The insurance policy states that I have voided my contract with them if I am in a "racing event or timed event" (not sure of the exact wording but this is effectively what it says)

I had actually called them last summer before I went to an advanced drivers training school and they said, "as long as you are not racing, you are covered"

The problem with this case is that there were no instructors present. I was not being timed, nor was I racing (I think I was the slowest guy there). The track event was just my local mechanic's group of guys taking their cars to the track for some lapping.

My question to you all is, have you had any experience in getting successful insurance coverage in similar circumstances to mine? Given what my policy's fine print says, is there any way I can position my official written statement in such a way that I'll improve my chances of getting covered.

Any other advice?

Thanks.

Andrew

SAIYAJIN

21

Ludedude

There have been members who have experienced similar situations. I suspect in the interest of staying below the radar you won't get many answers here in public. Maybe they'll contact you in private.

SAIYAJIN

Thanks Ludedude. If this is true, I would appreciate any contact before 1PM ET tomorrow. Thanks a bunch guys.

Legal Bill

Saiyajin,

The problem here is you are in Canada. Whatever advice you get, you must remember that the experience of someone in the States may be entirely different from what will happen to you regardless of what is said in your report. That is because the law in your area can differ from that here. Heck, in the USA, the law on this issue differs from state to state. The statutory or regulatory law in your area may provide useful guidance in interpreting the policy or it may even vary the terms of your insurance contract. There may be previously reported case law from your courts that serves as precedent in situations like yours. It is necessary to know this before anyone can give you reliable advice.

There are web sites here that are a pretty good source for some of the law in the USA such as www.findlaw.com. However, I do not know if they cover Canada, and I DO know they are not complete. The subscription services like Westlaw and Lexis are much more reliable. Still, a web based law library that contains the law of Canada could be a good start for you.

Also, you are just paraphrasing a part of the policy language. That is a big mistake. You should know that language word for word. The contract is the "law" between you and the insurance company. You really shouldn't ask folks here to give an opinion on your statement without the exact language of the policy. Further, there may be other applicable provisions in the policy that you are not aware of.


In the states, you can ask your insurance agent for advice on the operation of the policy and the best way to present the claim. They will usually "suggest" the facts that will result in a claim that is covered and the facts that will excluded. I'm not sure agents in Canada act in the same capacity. In other words, they may not be "insured friendly."


In summary: Read the whole policy and know all the applicable terms. Know what the local law is on this issue. Try speaking with a lawyer who is familiar with the law in your area before tomorrow.

Sorry if this isn't what you wanted to hear.

SAIYAJIN

21

Nickfromny

Tell the truth. If you were not racing or being timed you "could" have coverage here in the states. I answer every coverage question with 3 replies Yes, No, & Mabey. All dependes on your contract and facts surrounding the accident. Get full copy of your contract. Your agent can get it for you.
Good Luck.

Triple-H

SAIYAJIN, nice to see you stop in to pay a visit at my other home.

Legal Bill and Ludedude are right, and you know my thoughts from your original TO thread.

Good luck, and stand up for your rights, you WERE NOT racing. I'm a driving school instructor and I am adamant about the difference between racing and what we teach students at the track during a school.

mxt_77

Don't rely on what another member read in his policy or what is verbally told to you by an agent. You need to pull out your policy and read it front to back, including all the fine print. It should include a list of all included and excluded coverages. If you haven't found those things, then you aren't reading the right document. My policy specifically states that I am covered as long as it is an instructional, non-competitive event. You don't have to have an instructor in the car with you in order for an event to be instructional (e.g., was there a classroom session before you hit the track?).

Your policy is the binding legal agreement. You need to know exactly what it says and how it applies to your situation if you want to have a chance to get this incident covered by your insurance company.

Either way, expect to get a huge rate hike or to get dropped entirely now that they know that you track the car.

Legal Bill

Yes, you should tell the truth. I hope no one thought I was suggesting that you lie. My point is that you should find out what your contract says and what the law is before you say anything. You may learn that important facts will change the outcome. You can then investigate areas where you are unsure of the facts to gain knowledge of evidence that will support your claim. For example, what are the qualifications of the people you drove with, and what do they have to be to qualify this as an educational event? If that is an important issue, then you could find out what qualifications are needed and then find out if anyone in your group possessed them before you tell your story. It is better to get the story right the first time. Good luck.