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QUESTION 6

When I joined IHRA and NHRA I received information that Catastrophic Medical Coverage now covered me. IHRA is $100,000 and NHRA is $485,000. This coverage is also an "Excess Plan."

In my personal experience operating a drag strip for about 15 years:

That means all other insurance coverage in effect must be exhausted before these plans kick in. This coverage is NOT available to non-members. Remember this when you are renewing your membership. I suggest you sign up the entire family that race with you. The coverage is one of the best bargains in racing!

NHRA answer:

(They agreed with my answer with a few more comments). This coverage can be used to cover deductibles and co-pays that you are responsible for your own insurance. If you have no other medical coverage available, the NHRA coverage becomes primary. All of this, of course, is subject to specific terms and conditions, and limitations of the policy, and exclusions in the policy, and only covers medical bills incurred as a result of a racing-related accident.

Wisenberg answer:

(Same as NHRA response but with this added response). NHRA offers up to $500,000 medical coverage FOR MEMBERS and up to $15,000 for non-members. IHRA offers up to $100,000 medical coverage for members ($250,000 at National events) and $15,000 for non-members.

QUESTION 7

A racer is "testing" his trans-brake or line-locks in the pit area and it fails and the car lurches forward. It hits another race car or, worst yet, a person. Is there coverage?

In my personal experience operating a drag strip for about 15 years:

Yes and No! While the "testing" is a direct violation of the rules, insurance coverage always covers "stupid mistakes." The physical damage to the other car is probably NOT COVERED, as it did not happen in a "restricted area." The personal injury would be covered by either the Participant or Spectator medical and liability coverage. Participants are added as "additional insured" to the track policy specifically for events like this. You can still be held legally responsible so get some personal "umbrella coverage" insurance.

NHRA answer:

In the situation you describe, the Release and Waiver would bar a claim by one racer against another. Also, it is possible that an injured spectator would be found to have "assumed the risk" if he or she were hit by a vehicle. Much would depend on the exact facts, particular legal jurisdiction, and applicable laws, since there are so many possibilities that could occur.

Wisenberg answer:

Racers can be held personally responsible. All tracks, however, add racers as additional insured to the track policy. One problem could be the claim may be higher than the track's insurance limit. Racers should consider getting their own liability coverage, in addition to the track's policy, to protect themselves if they are concerned about this possibility.

QUESTION 8

What about the kids? I see them driving golf carts, mini-bikes, mopeds and scooters around the pit area. I know there are rules to govern this, but "what if" they are involved an accident? What if they hit a $50,000 Super Stocker with the family golf cart?

In my personal experience operating a drag strip for about 15 years:

NHRA has a specific paragraph in their National Event Liability coverage declarations. Damages from this type of accident are EXEMPT from coverage. This means as the owner of these "pit vehicles" you better have liability insurance on them or you could suffer large personal financial loss if you, a family member or even just your pit vehicle is involved in an accident. This could be a serious amount of money if a bodily injury results from this type of accident. Make sure your personal insurance covers your golf carts, mopeds, etc at the track.

NHRA answer:

Please, if you see a rules violation, report it immediately to a track official. In the situation you describe, if the child driver were injured, there probably would not be any medical coverage other than what the parents had in place. Be sure to police your own children! If the child injured someone else, the owner of the vehicle (golf car, moped, etc.) could be liable, and might have to pay out of his or her own pocket, because the kind of use you describe would likely be an exclusion under the insurance policy. If the child is a participant and injured another participant, the claim should be barred by the Release and Waiver.

Wisenberg answer:

There would be medical coverage only if the kids were participants in the event. Liability coverage does not extend to include non-participants under the track's liability coverage. Many policies also exclude liability coverage for the owner of the golf cart and/or mini-bike. If someone sees a rules violation they should report it to an official.

EXCESS COVERAGE

I told you I would explain "excess coverage". I will do it in a non-technical method. The track insurance offers "participants" excess medical coverage if we get injured at the track from a racing accident. This means if you have good medical insurance the track insurance would only pay what your insurance did not pay. Things like deductibles, co-pays, etc. It is possible that if you have great insurance from work they will take care of all the costs under your company medical insurance plan. If you have no medical insurance then all the bills can be considered "excess" and the track insurance would pay all the bills up to policy limits if their investigation shows those injuries fit the guidelines of the policy.

Maybe we will get some additional input from IHRA now that some answers have been printed.

I was a dragstrip owner for 12 years and I have seen a lot of claims filed due to accidents at the dragstrip. From tearing clothing on a loose screw in the bleachers to the death of a fellow racer and everything between. I really feel one of the problems in getting the accident and resulting damages taken care of is the lack of knowledge on how to handle claims. If they are handled promptly and properly, the big legal hassles can be avoided as well as the large lawsuits. Most of these come out of negligence to the initial claim process.

WHAT TO DO IF YOU HAVE A CLAIM

Here is what a racer should do if he thinks he has a claim:

1 Be sure to go to the track manager or owner and let him know EXACTLY what happened. Ask him to file an "accident report" to the insurance company. DO NOT be intimidated by what the manager may say. It is his responsibility to let the insurance company know about any losses. It is NOT his decision if it is a "covered loss" or not.

2. Keep track of any witnesses and/or ambulance crew people that may have seen what happened or helped out. This is for your protection and also for the insurance company so they can determine what happened.

3. Keep track of EVERY expense you incur and let your own insurance carrier know what happened. This is important because your company will work with the track insurance company to coordinate any payments. Remember the track insurance is an "Excess Policy," so that all other coverage must be exhausted before they start paying for anything. Even if you are injured at the track, your medical insurance pays first. If you do not have medical insurance then the track coverage should start right away.

I would like to close this edition of "Track Insurance - the saga continues" with a short version of the basic coverage offered by IHRA and NHRA for local tracks, regional points races and National events.

t NHRA IHRA
Choice of Insurance Broker or Company Several options No options
Wisenberg only
Catastrophic Medical Coverage for MEMBERS Weekly events: Weekly events:
$485,000 $100,000
Liability Coverage Lucas Oil event: Holley Pro-Am event:
$11,000,000 $1,000,000
Disability for Injured Racer Weekly events: Weekly events:
$100 per week for 52 weeks
No waiting period
$200 per week for 26 weeks
13 week waiting period
Lucas Oil events: Holley Pro-Am events:
$400 per week for 52 weeks
No waiting period
$200 per week for 26 weeks
13 week waiting period

DO NOT make the mistake that I am a person who only thinks of the negative and that I am hurting the sport with an article like this. I say just the opposite. This is information we all DESERVE to know as we bring out our family members and friends to the track. Of course I know it is dangerous but the track is a business that strives for profit and we are the paying customers. They are required by IHRA and NHRA to offer us protection in the event we need it. While I wish nobody would ever need the insurance the fact is they will. I hope this article and the final edition will answer a lot of questions and make us all think a little more about SAFETY!

Next month we will look into disability payments for injured racers, maybe a response from IHRA and what we all can do to make our time at the track safer for everyone. The sport thrives only because it can be insured. If that ever disappears, so will the race tracks. Let's all work together to help NHRA, IHRA and Wisenberg maintain the excellent insurance coverage they offer us now.

One last thing, if you take you family to the races be sure to buy them NHRA and/or IHRA memberships NOW! The additional insurance coverage extended to members is an extraordinary value.

See you at the track and BE SAFE, MY FRIENDS!

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