One bad night at the drag strip!

[thehueypilot]

OK, so I get off of work and load the race car onto the trailer to rush to the track to meet the 4:00 pm time trials. I sign up for the street class because I think I am too late to get into the pro class and the street class runs last which should give me plenty of time to unload the car. The track does not start time trials until 6:30pm.....no problem I will check everything out a couple more times. It is now dark and the call comes to stage for round one of the time trials. I start out through the pits and a fellow racer stops in front of me to back up to get into his parking spot. No problem I come to a stop to let him in and WHAMMMMMMM! What the hell? Some idiot, drunk kid rear ends me in the pits! No insurance, under age and drunk! Welcome to Dyersburg, TN Raceway. Home of the drunkards racetrack! And yes, I will not be attending any events there any time soon or ever in the future!

 

[2nd Mustang]

Not on the race track, but my 91 Camaro was totaled by a driver with no insurance and license, so how the hell did he get the car registered? At least a fellow Stangnet follower got some good parts out of it.

 

[Hack]

Wow, really sorry to hear that. Dang that stinks!

So, did the kid end up in jail at least?

 

[fastcoupe68]

Pilot that just plain fn sucks. I beleive if he is under age his parents might be somewhat liable if thats any consolation. Hopefully there wasnt alot of damage. Get her fixed back up and running.

 

[slick761]

that totally sux!!! I hope he was drivin a chev!

 

[kidtaurus]

How did you react when he hit you? I know I be pretty livid if someone did to my stang esp. if he was underage, drunk, and w/ no insurance. That kid probably would have left with a shiner.

 

[jerry S]

I'd get a lawyer

I cannot understand how the race track allowed an impaired person to drive a vehicle at high speeds on its track. His regular insurance probably would not have covered him anyway as racing is typically excluded but his being intoxicated is intolerable. I would have to imagine that the ownership/managment certainly owe a duty of care, if not to the individual drivers, then at least to the other participants, that those using its facilities are not under the influence of intoxicants. Get a lawyer to write you a demand letter. BTW, do you have uninsured motorist coverage? That you were parked might make a differece. It is one thing to damage your car while you are whipping around a curve. It is another thing to be hit while you are stopped an off the track. Even if your regular auto insurance excludes coverage for racing, I would argue that although you had been racing before the accident, you were not racing at the time you were hit.

 

[2nd Mustang]

When ever the public has access to a private facility, the rules of the road applies. The police can issue citations at such places, but don't hold your breath.

 

[Stang2Man]

i didnt' think too many insurance companies covered much with DUI's, I'm just finding out the laws here in TN versus Ohio, but I backed into a girl on the Electric Companies parking lot and didn't get charged since it was a private lot, versus being a public highway.
Where in the world is the dragstrip in Dyersburg?? I know where all the punk kids in the ricers hang out and race. But I've yet to check out the track, is it out by Lenox?

 

[thehueypilot]

The track is located just off I-55 the last exit before you cross the Mississippi River. Its called "The Great RiverRoad Raceway." As far as my actions on contact, it was more of a shock then anything else, but his demeaner was very appologetic and not cocky, and besides if I beat the crap out of him all I would get is a free ride to jail, no chance of getting any money out of him and my car would still need repaired, but I would have to use that money to pay court costs for beating up a minor. The kid ended up driving his "Nissan Altima" home because the race track owner stopped the police at the gate and told them he took care of it. I had a very long talk with him when I found this out and needless to say I won't be going back. It did about $500 in damage, which is just the cost of parts and I will install them myself so he will not have to pay for labor. I did get in contact with him and I was surprised that he answered the phone and said he was sorry again and would pay me a little at a time when he gets the money. Thanks for the encouragement!

 

[jerry S]

What I would do in your place

I would get the kid to agree in writing that he did X, Y, and Z at the race track, that he was negligent, that it caused damage to your car in the amount of $X, and that he agrees to pay you that amount in X installments in exchange for your not suing him. Stipulate that you retain the right to sue should he fail to honor his end of the bargain. You can omit the part about him being drunk in the agreement. Second, I would contact the shift commander of the responding PD and ask to talk to the officers who responded. Get them to jot down what happened. I would then have a chat with the track owner. He is a definite tortfeasor here. Get the kid to pay for the parts and the owner to pay for the labor. I would also have your car inspected to make sure that there isn't any serious damage not visible to a cursory inspection. If he is less then cooperative, find out which TN state govt. agency regulates him and make an official complaint. That might get his attention. I recommend this course of action because if 6 months goes by and the kid's sense of remorse has worn off and he still has not made any payments to you, you will find it that much more difficult to collect. Memories fade, witnesses disappear, etc. Make a record now while the event is fresh in case things don't go well.

 

[brianj5600]

Contracts by minor are not valid.

 

[bones0351]

I like the idea of getting everything in writing, and if he is a minor then arnt his folks liable? Get them to sign the agreement. And you were smart in not smacking him around, no matter how much you wanted to...

Umm bright side? Got an excuse for a new paint job maybe? Or some body mods?

 

[thehueypilot]

I like the bright side suggestion....I am replacing the new 16 gallon gas tank (dented from the accident) with a 69, 20 gallon tank. Since he isn't technically a minor he is over 18 but under 21 I still don't think I have much recourse. I will chaulk it up to a lesson learned if he does not pay. Thanks for the suggestions! I hope the Judges at the 40th don't take off too many points for dents and scratches.

 

[Stang2Man]

Of course if he doesnt' pay, you can always hunt him down on the street and beat the tar out of him. I'll find out from a kid at work next time I see him , if there's an Altima in the street races behind Bekaert. Kid I work with won $400 with an s10 with nitrous. But maybe this kids out there playing around and might have another means of coming up with your money, though it's not legal, it'll get your car back together.

BTW, if you ever need a hand wrenching on the car, give me a holler. I love working on anything Mustang.

 

[jerry S]

contracts with an infant

Dear Brianj5600:

One must make the distinciton between a minor's ability to void a contract (which he can) because of his infancy and hisability to void his own liability in tort because of his infancy (which he cannot).

I thus direct the right honorable gentleman to the Restatement (Second) of Torts §895I (1979); "One who is an infant is not immune from tort liability solely for that reason."

While a minor may void a contract for non-necessary consumer goods entered into between himself and an adult, he cannot escape his liability in tort for the harm caused by him. The writing is more for evidentiary purposes than anything else. If he were to plead infancy as a defense, Hueypilot can produce the document which operates as an admission of the facts and of guilt. Case close.

If a five year old children can found liable in battery, a 17 year old can be found liable for negligence.

 

[brianj5600]

Uh, ok.

 

[brianj5600]

It comes down to who has the best lawyer.

 

[brianj5600]

We have the best system of justice money can buy.

 

[jerry S]

I don't see it that way

We have the best system of justice money can buy.

I don't see what our system of justice has to do with it. Rather, I consider it a sad commentary on our Society that people have such a cavalier disregard for their moral and legal obligations (driving drunk, not bothering to obtain proper insurance to cover themselves or others in the event of an accident, etc.). If people did what they are supposed to do, refrained from doing what they are not supposed to do, and took responsibility for their actions, then lawyers and our system of justice would never have to get involved in the first place.