pontiacfreak142 Posted July 26, 2012 Report Share Posted July 26, 2012 basic story is, i was out at trails tonight, made a pass and was going back to my parking spot. i was going down the little return road right behind the main bleachers and realized it at the very last second, but some dumb asses decided it was a great idea to try to winch (spelling?) their car into the trailer from across that road and had there daughter im guessing as there flagger to stop people. problem is, she was looking the opposite direction, i didnt see the bradded steal line and ran right into it. The line drug up across the front bumper and onto the hood of the car. they were working on pulling the car in, so i back up an got out of the way. i was in a hurry so i just kinda peeked out from my window and didnt see any damage so i went back to my spot (yes i realize this was probably a stupid mistake). After getting back and checking out the car, it scratched the fuck out of the bumper and got my hood pretty good as well. I was told by several people to go talk to track officials first anyways, so i did just to find out that they cannot do anything legal wise, since it happend in the parking lot. although they said to go talk to the people and if they would not be willing to talk/ do anything about it, they would permanently ban them from the track. Of course though, as soon as i walk out of the tower, they were leaving. Luckily i see them out there quite a bit, so im not so concerned about that. But my question is, assuming they refuse to take responsibility (i also have confirmation from management at trails that its is not permitted to do anything like these people were), what are my options? would it be worth my time to take them to small claims court? Quote Link to comment Share on other sites More sharing options...
Tractor Posted July 26, 2012 Report Share Posted July 26, 2012 I'm not an expert on it, but it sounds like it was sorta your fault. Sure they could have done a better job of stopping traffic, but it could also be argued that you should have been more aware of what was ahead. The cable could be looked at as a stationary object and you were in motion so you would be at fault. I'm just throwing some ideas out there, but basically you'd almost have to have them admit a mistake and pay you damages. If they don't want to do that then you don't really have any recourse due to mistakes on both sides. Quote Link to comment Share on other sites More sharing options...
Rocky31186 Posted July 26, 2012 Report Share Posted July 26, 2012 I dont think your at fault... But I wouldnt have driven away.. I would have parked it, got out and said why the hell are you winching across the road??? I would have got their insurance info, and claimed that shit.. Quote Link to comment Share on other sites More sharing options...
nurkvinny Posted July 26, 2012 Report Share Posted July 26, 2012 Tough call. If that was a roadway, say Rt 310, the person stretching cable across the road would be at fault. Being a parking lot, and that you both probably signed a waiver at the paybooth, tough to say. Really dick move to be winching a car across what amounts to a "busy road" at Trails. Quote Link to comment Share on other sites More sharing options...
Rocky31186 Posted July 26, 2012 Report Share Posted July 26, 2012 Tough call. If that was a roadway, say Rt 310, the person stretching cable across the road would be at fault. Being a parking lot, and that you both probably signed a waiver at the paybooth, tough to say. Really dick move to be winching a car across what amounts to a "busy road" at Trails. Isnt the waiver just to hold Trails not liable? I dont see how its their problem.. He should have talked to the guy dumb enough to winch across the road with out having someone there watching both ways.. I guess if he wont cut you a check, make sure you put him in his spot next time you see him. And tell trails that he wouldnt work with you. Quote Link to comment Share on other sites More sharing options...
Buck531 Posted July 26, 2012 Report Share Posted July 26, 2012 Shoulda got out with a pair of bolt cutters, cut the line, got back in your car and went on your way.:fuckyeah: Quote Link to comment Share on other sites More sharing options...
Rocky31186 Posted July 26, 2012 Report Share Posted July 26, 2012 Wait hold on.. I just re-read the post.... PICS OF SAID DAUGHTER........... Quote Link to comment Share on other sites More sharing options...
pontiacfreak142 Posted July 26, 2012 Author Report Share Posted July 26, 2012 Wait hold on.. I just re-read the post.... PICS OF SAID DAUGHTER........... lol she looked like she was 10... im not saying im not partially at fault or not, but the wire was pretty small and i was going slow, but still did not see it pretty much till i hit it. i also understand saying its a parking lot and all, but yes, i would honestly say that easily more than half the people that run, use that little roadway when coming back, so it is highly used. not to mention (not that it really matters i guess), but they also had like 5 guys with them and the ground was pretty flat, so why not push it at least partially into the trailer and winch it the rest of the way. Quote Link to comment Share on other sites More sharing options...
Flyin Miata Posted July 26, 2012 Report Share Posted July 26, 2012 Be VERY careful if you claim this with any insurance company. Almost every insurance contract has an exclusion for "organized racing" which would absolutely include being at a drag strip. Now you weren't racing when it happened, so you would most likely be in the clear. But you will most definitely get heavy questioning around why you were coming down the return road of a racetrack. Plus if it's under your deductible, then your two courses of action are either file a claim against his insurance company (which would require knowing who his company is) or taking him to court. Personally the damage doesn't sound bad enough to waste your time with either option. Quote Link to comment Share on other sites More sharing options...
copperhead Posted July 26, 2012 Report Share Posted July 26, 2012 The guy may have been doing something inconsiderate but that doesn't change the fact that you drove into the cable. That being said, the incident happened on private property, so cops won't get involved. The track makes you sign a waiver, so they aren't liable. I really doubt the other guy's insurance would cover it since the other guy didn't drive into you. You could try calling your insurance and attempt to get it covered under uninsured driver, but good luck with that. Most likely they will have you pay your deductible and have it covered under your collision policy. Put yourself into the other guys shoes. If you were trying to winch your broken car onto your trailer and someone drove into your cable, possibly causing damage to your car, winch and trailer in the process, would you at all consider taking the fault? I wouldn't, I'd be pissed. Quote Link to comment Share on other sites More sharing options...
Green Bastard Posted July 26, 2012 Report Share Posted July 26, 2012 i say the guy should have not been there winching, as the officials stated, he was not supposed to be doing that anyways. common sense would tell you that if the road is traveled a lot, then you shouldnt do it there anyways. idk that you could take any legal action though since it was considered a parking lot. i would hit him up next time you see him, and as stated before, if he responds negitivly, let the officials know so they can ban him. Quote Link to comment Share on other sites More sharing options...
pontiacfreak142 Posted July 26, 2012 Author Report Share Posted July 26, 2012 The guy may have been doing something inconsiderate but that doesn't change the fact that you drove into the cable. That being said, the incident happened on private property, so cops won't get involved. The track makes you sign a waiver, so they aren't liable. I really doubt the other guy's insurance would cover it since the other guy didn't drive into you. You could try calling your insurance and attempt to get it covered under uninsured driver, but good luck with that. Most likely they will have you pay your deductible and have it covered under your collision policy. Put yourself into the other guys shoes. If you were trying to winch your broken car onto your trailer and someone drove into your cable, possibly causing damage to your car, winch and trailer in the process, would you at all consider taking the fault? I wouldn't, I'd be pissed. I get your point, and yea i would be pissed. But, like ive already said, they were doing this accross what is one of the main "roads" through there, with no one flagging down on coming traffic, or at least not paying attention and they were using such a small cable that i didnt even see it till i was right up on it. The only way i could even think that they might try to argue me being at fault is that there was a kid pulled off to the right a little just sitting there looking at his time ticket. I come up that way all the time and constantly see people doing that, so i looked around the kid, saw a older lady standing around the trailer, like 5 guys standing around the car on the other side of the road, as well as the daughter standing 15 feet away, but watching them and i never saw the cable. Quote Link to comment Share on other sites More sharing options...
Rocky31186 Posted July 26, 2012 Report Share Posted July 26, 2012 I still don't think it's your fault. When driving through trails watching for kids, adults, cars, ect who the hell looks for a winch line. I probably would have hit it too. They should have had someone out there. Sounds like your SOL. I would talk to them next time and see what they say. Quote Link to comment Share on other sites More sharing options...
downingracing Posted July 26, 2012 Report Share Posted July 26, 2012 My .02¢ is: You left the 'accident' scene without even talking to them or looking at your car for damage (or exchanging information). Being in a hurry is not an excuse for not checking the car right there and talking to them. Now you're going to go find this guy down the road and tell him that the damage on your car was caused by that incident and you want him to pay to repair it. And you expect him to take your word for it that that damage all came from that incident. (He doesn't know you and may not take you at your word) Police will take an accident report on private property; they just won't issue any ticket. Did you fill out an accident/incident report at the track (with the track)? I don't know drag racing, but other forms of racing require an incident/accident report for anything that happens on the track property (especially in the paddock/spectator area). Do you have any witness statements? (If not, get them ASAP) The longer you wait the less "details" they will remember. Incidents with 'race cars' at the track are fuzzy... The can of worms opened by trying to make an insurance claim can cost more than the repairs. I'd at least make an effort to talk to the person and see what they say. If they tell you to pound sand, you do have several courses of action (small claims, your insurance, pay for it yourself...). I don't have any idea who would be found at-fault for the incident by an insurance company or the courts. I know situations like this suck and make you sick to your stomach. Sorry to hear about this and I hope it all works out for you! Quote Link to comment Share on other sites More sharing options...
Cordell Posted July 26, 2012 Report Share Posted July 26, 2012 If I was winching my car accross a road (beleive me I'd have just blocked the road with the trailer) and you come cruising by and hit the cable I would've called you the dumbass for not paying attention and refused to give you anything.So you didn't see the trailer the winch was coming from, or people messing with a car opposite of that, or a little girl standing in the road? Any of these thngs would've trown up red flags and I'd have figured out what was going on before proceeding. GARY YOU FUCKED UP TWICE, YOU DIDN'T LOOK, AND YOU DIDN'T STOP. Quote Link to comment Share on other sites More sharing options...
wagner Posted July 26, 2012 Report Share Posted July 26, 2012 Gary, you are my boy with the Barney car, but really? You pretty much did everything 100% wrong from start to finish here. Quote Link to comment Share on other sites More sharing options...
pontiacfreak142 Posted July 26, 2012 Author Report Share Posted July 26, 2012 If I was winching my car accross a road (beleive me I'd have just blocked the road with the trailer) and you come cruising by and hit the cable I would've called you the dumbass for not paying attention and refused to give you anything.So you didn't see the trailer the winch was coming from, or people messing with a car opposite of that, or a little girl standing in the road? Any of these thngs would've trown up red flags and I'd have figured out what was going on before proceeding. GARY YOU FUCKED UP TWICE, YOU DIDN'T LOOK, AND YOU DIDN'T STOP. Read again man lol. The cable was freakin tiny, deffinately not something i would expect to see coming from a winch. But i did stop, again the daughter was off to the side, not in the road and she was standing there watching the guys around the car. The only real "clue" i could have taken i guess would have been the other car that was stopped just around the top of the bend, but there again, i watch people do that all the time just to look at their time slips, so it wasnt anything out of the ordinary. I did stop also, behind the car that was stopped on the side of that road. I looked around, saw the guys messin with the car, the little girl just watching them and the older lady just sittin over by the trailer. Maybe i am wrong idk, i guess i just assumed that people had more common sense than to try pull a car across a road like that. Hell with how fast some people fly down that road, id be scared to even park a trailer out on it like you said. Quote Link to comment Share on other sites More sharing options...
Cordell Posted July 26, 2012 Report Share Posted July 26, 2012 Read again man lol. The cable was freakin tiny, deffinately not something i would expect to see coming from a winch. But i did stop, again the daughter was off to the side, not in the road and she was standing there watching the guys around the car. The only real "clue" i could have taken i guess would have been the other car that was stopped just around the top of the bend, but there again, i watch people do that all the time just to look at their time slips, so it wasnt anything out of the ordinary. I did stop also, behind the car that was stopped on the side of that road. I looked around, saw the guys messin with the car, the little girl just watching them and the older lady just sittin over by the trailer. Maybe i am wrong idk, i guess i just assumed that people had more common sense than to try pull a car across a road like that. Hell with how fast some people fly down that road, id be scared to even park a trailer out on it like you said. Common sense? out of some of those dumbass hilljacks? :dumb: Quote Link to comment Share on other sites More sharing options...
Mr. Jones Posted July 26, 2012 Report Share Posted July 26, 2012 http://www.columbusht.com/cable.jpg Quote Link to comment Share on other sites More sharing options...
El Karacho1647545492 Posted July 26, 2012 Report Share Posted July 26, 2012 both parties are minorly in the wrong, and this is one of those moments where you can do one of the following: A) Be vindictive and make his hobby much harder to engage in by having him kicked out of the track for a momentary lapse in judgement. Something I'm sure, were you on his side of events, you would certainly not appreciate. or B) Realize that we all have momentary lapses of judgement, let him know what happened but don't necessarily go asking for a payout/compensation, and both go on with your lives having learned a lesson and continue racing like you both love to do. Quote Link to comment Share on other sites More sharing options...
pontiacfreak142 Posted July 26, 2012 Author Report Share Posted July 26, 2012 both parties are minorly in the wrong, and this is one of those moments where you can do one of the following: A) Be vindictive and make his hobby much harder to engage in by having him kicked out of the track for a momentary lapse in judgement. Something I'm sure, were you on his side of events, you would certainly not appreciate. or B) Realize that we all have momentary lapses of judgement, let him know what happened but don't necessarily go oasking for a payout/compensation, and both go on with your lives having learned a lesson and continue racing like you both love to do. I agree with ya, i dont want to have the guy kicked out, it is a fucked up thing to do. In most cases, i would have just chalked this up to both at fault, and let it go, but im just mostly pissed that they had nobody paying attention/ flagging people around them, but like 5 guys could all stand there and stare at the car. Quote Link to comment Share on other sites More sharing options...
gbracing81 Posted July 26, 2012 Report Share Posted July 26, 2012 Gary we talked about this last night and it seems everyone here is on the same page as our conversation. Like I had said last night you could talk to him next week or when ever you happen to seem them next, talk to them about what happened and if they don't cooperate get out you B.F.H. and then tell them "your hood or mine buddy, you're paying for one of them!" (I'm kidding of course). I don't particularly see it as being your fault that you hit the cable. I mean the cable was at best 5/16" thick and was being used in a shaded area. Whom ever parked the truck/trailer the way they had and then parked across the was from thier trailer is dumb. With the parking lot being as big as it is why wouldn't you park your rig in a way that you could park your racer with it the same way the rest of us do? The only part I think you did wrong was to not get out if your car while the cable was still sitting on it. Hopefully that guy you talked to last night will be able to fix it for the $300. Also, when you go to talk to them make sure you have someone with you as a witness. Right now it's you're word against his and that goes a long way. Put yourself into the other guys shoes. If you were trying to winch your broken car onto your trailer and someone drove into your cable, possibly causing damage to your car, winch and trailer in the process, would you at all consider taking the fault? I wouldn't, I'd be pissed If you're dumb/inconsiderate enough to which acrossed the road while not making every attempt to insure no one hits your cable or car then I'm sure you would be dumb/inconsiderate enough to be pissed off. Quote Link to comment Share on other sites More sharing options...
KennyFKINPowerz Posted July 26, 2012 Report Share Posted July 26, 2012 I think your screwed man. My buddy was at the track and parked in his pit down by the return road. A dragster came flying down the return road with his parachute dragging behind. The chute on the dragster hooked on one of my friends wheelie bars and you can imagine the rest. My buddy had to come out of pocket to get his car fixed. Quote Link to comment Share on other sites More sharing options...
gbracing81 Posted July 26, 2012 Report Share Posted July 26, 2012 I think your screwed man. My buddy was at the track and parked in his pit down by the return road. A dragster came flying down the return road with his parachute dragging behind. The chute on the dragster hooked on one of my friends wheelie bars and you can imagine the rest. My buddy had to come out of pocket to get his car fixed. That would really suck. All this talk makes me want to put cones all around my pit area so no one came come with in 30 feet of my stuff. But then again it wouldn't help in a situation like Gary's. I guess there's really nothing to protect you from idiocracy. Quote Link to comment Share on other sites More sharing options...
pontiacfreak142 Posted July 26, 2012 Author Report Share Posted July 26, 2012 Gary we talked about this last night and it seems everyone here is on the same page as our conversation. Like I had said last night you could talk to him next week or when ever you happen to seem them next, talk to them about what happened and if they don't cooperate get out you B.F.H. and then tell them "your hood or mine buddy, you're paying for one of them!" (I'm kidding of course). I don't particularly see it as being your fault that you hit the cable. I mean the cable was at best 5/16" thick and was being used in a shaded area. Whom ever parked the truck/trailer the way they had and then parked across the was from thier trailer is dumb. With the parking lot being as big as it is why wouldn't you park your rig in a way that you could park your racer with it the same way the rest of us do? The only part I think you did wrong was to not get out if your car while the cable was still sitting on it. Hopefully that guy you talked to last night will be able to fix it for the $300. Also, when you go to talk to them make sure you have someone with you as a witness. Right now it's you're word against his and that goes a long way. If you're dumb/inconsiderate enough to which acrossed the road while not making every attempt to insure no one hits your cable or car then I'm sure you would be dumb/inconsiderate enough to be pissed off. i just got back from that guys shop, he since i would prolly have to pay for it, they would do it for $350. yea dad said he wants to be there when i talk to the guy, although i think thats more cause he knows i have a little attitude issue lol. Quote Link to comment Share on other sites More sharing options...
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