Attention all drag racers.

Whilst attending the drag races at WSID on the 29th March 2009 through total negligence on a track officials behalf my Ghia drag car was extensively damage.

In the first round of qualifying the car next to me oiled down the track and left the track dangerously cover in smoke from 60 ft out. I decided to abort the run and stop the car some 10 foot out from the start line.

Once the fire crew had put the car out and the track officials deemed it safe for my car to be removed from the track a quad driven by a WSID work flew up the track to my Ghia, turned and reversed up stopping some 10 feet from the car.

He then tried to hook up a tow strap after he was told he couldn't as we have a tow pin which fits into the chassis. He then returned to the quad and in a stupid rush started the quad in reverse and at a great knot of speed reversed at the Ghia.

He stopped 1 inch from the front. Whilst my crew and another track official watch in amaze as he then again accelerated hard in reverse hitting the car and climbing the bonnet with 2 of the 4 wheels, stopping 10 inches from where I sat in the drivers seat.

My crew and the track official then had to push the quad forward, and of the bonnet.

Why am I telling you this ??

Well after months of unprofessional conduct and many emails, phone calls, back and forward from WSID and then with the insurance company that cover WSID, they have today refused to make good any of the damages to the GHIA which comes to some 7000 dollars.

I was told that I signed a form when I race at WSID that releases them of any liability.

So this is an email to tell all those who intend to race at WSID if you race there and any staff do any damage to your car even through sheer negligence they will not compensate you financially to fix your car.

There has been no apology for the incident, no offer to refund the entry fee or even look at part payment to the damage.

I don't know about you, but I would have assumed when a person presents any vehicle to a professional venue and pays for the privilege to race, they deserve to be in the safest environment possible with some sort of coverage.

The matter has now been escalated to me acquiring legal representation against my home town track, the one I have supported from conception to completion.

Regards

Mike

OMG
this is nuts what was that bloke on
well im not sure what to even say

That is a sad out come mike.
I would post that same comment on the Dragster Forum,
and also send a letter to DragsterMagazine.

They should be ashamed.

Some things, irrespective of signed waivers and rules, should come back to common courtesy.
Even the guy himself, should offer to help or work off his debt if he has no money.
SCUM!

sorry to hear they taking no responsibility for there employees. even though u sign the waiver it doesnt resolve them of responsibility from their employee. as well as taking legal action, it may be worth contacting the accc about this. look online at accc hotline, someone there may be able to tell u who to contact. just because u sign a waiver doesnt resolve them of responsibilty to provide safe conditions.

unfortunately a lot of cowboys work there.
did you get a copy of the form you signed
I believe you should have, and if not they have have not completed the liabilities waiver agreement properly (check this)
sorry to hear about it.

Hi Mike

That's a shame, but it looks like another case of VWs go home from WSID.

I wonder what their reaction would have been if things were reversed and you damaged the quad bike through negligence?

Steve

Mike, as Dave said post about the incident on http://dragster.com.au/modules/newbb/  AND contact Dragster mag.

This sort of thing is just not on.

I am with you Steve, if the shoe was on the other foot and Mike damaged the quad they wouldn,t have let him out of the park without his bank managers contact details.

This is bloody outragous, stick it to them Mike.

Mike that is crap, very sorry to hear it. Hope your legal challenges are fruitful, surely they still have a duty of care

I am assuming it took a lot of strength not to deduct 7k from the stunt drivers face...

Let's just hope karma shorts them out. Thanks for the warning, I would have lot the plot if that was my drag car.

absolutely no morals from them what so ever.
what was that clown thinking/doing to have even mounted your ghia........just amazing that an idiot like that, even has a job there!!!
Cheers
D

thats totally f*#ked up dude, as i said before, i dont even see how they allowed something like this to happen, i feel like going over there and kicking the shit out of someone, not only for how they are handling the matter but the fact they did it in the first place this is totally unacceptable on their behalf. they shouldnt have no-hopers like that working there and being responsible for the safety and welfare of not only the extremely delicate and expensive race cars, but also the drivers and crew. I wonder what they would say if the tool backed over another person??? if one of the crew was standing between the ghia and this f-wit then it could have been a tragedy.

i dont know if it will help but i think we should start some sort of petition, i understand about the "race at your own risk clause" but surely it shouldnt cover the staff's incompetence!!! this has really shit me and i think i speak not only on the behalf of the vw community but also on behalf of the entire drag racing community when i say this is total bullshit!!!! although the case itself may outcome to more than the cost of repairs i would be one to offer to donate to the cause just to show these cowboys that just because they opened an "international dragway" it is no excuse to treat people that pay their bills and keep them afloat like scum. i cant believe that after so many months of negotiating they have ended up coming to this verdict..... summarized in 3 words 'THIS IS BULLSHIT'

one wonders if the guy on the quad was shown the door real fast, damage your own gear bad luck, damage someone elses, YOU PAY FOR IT, where did common courtesy / decent people go?

Mike , Very poor decision from wsid again . Sorry to here this mate , I'm a member of dragster web site so send what you have writen to me and I will post it up for you .( carorama@bigpond.net.au )
Have heard that big chief of wsid hasn't got much time left in top job !!

..... crazy days...... just hope it gets sorted properly for you Mike.

at the very least, that quad stunt man shouldn't be working there anymore......... he obviously has no interest or respect of the amount of work, love, pride and $$$ the very people that create the work and as a result, a job for him, put into their hobby.

One would assume the admins further up the chain of command from him would have some sort of affliction with the macines that run at their place of employment too

is anyone responsible for their own actions these days ????????????

This is the most ridiculous thing I have heard. If you work at a racetrack of any kind, you will see a lot of different cars that have all had heaps of money spent on them. Whether the car is to your taste or not, you should respect it for what it is.
I wouldn't mind betting the f**kwit on the quad makes so little in wages that he couldn't even afford to fix a low level shitbox, let alone a top machine like this. Really bad to hear, must make you wonder why you go to all the effort and cost when you have to put up with shit like this.

Hope you get something out of it, in your favour.

Very sorry to hear this Mike, it sounds like a rediculous decision on their behalf and one that surely could be challenged in the legal domain as its so far from common sense its not funny. Why the hell would WSID need to have any insurance whatsoever if a waiver releases them from any liability? I would hope their insurance premiums would be extremely low in that case, since they would theoretically never be held responsible and never have to make a payout.....bloody rediculous.

It's also sad for any vw enthusiasts and spectators in Sydney that now it means you'd think twice about running at WSID (for which I wouldn't blame you)
Al

there's something that smells about this. I'd talk to a lawyer. alternatively, I wouldn't minding betting you could sue the individual. probably not worth it, but it's an option.

That sucks...
I'm not sure how legally binding those entry forms are. They all have some kind of wording that releases them from any kind of responsibility what so ever, and when you sign it you are agreeing to it...BUT, what if 1 of more people were killed by this moron....Someone would have to be held accountable....
If the guy on the quad still works there, the people who run the track are bigger fools than he is.

You should bring your car to Gunnedah 1/8th mile Drags they are friendlier people up the country, 18 & 19 July 2009
Ph Steve 0401 507 559

I'm with everyone else Mike this is a ridiculous outcome. I have not heard many (if any) good reports about WSID.
Is there anything that ANDRA can do?
I would just make as much noise as possible keeping within the bounds of the law.
I wonder if the outcome would have been the same if the damaged car had have been sponsored by Castrol or JD.

The result of this one is a mystery.

I can understand the track themselves not accepting liability. By doing so, like with any insurance, you void your agreement with the insurer. Only the insurer can accept liability on their clients behalf. The delay in referring the matter to the insurer is however unprofessional. The first step any business should take is provide insurance details to the affected party - after all, that is why they have the policies.

As for the insurers alleged failure to return phone calls or correspondence and enter any dialogue in a timely manner, that is unforgivable. As for liability waivers, we all know they are not enforceable. No law allows liability to be waived, regardless of what is signed. The simple fact is that this is not a "racing incident". The owner of the car has suffered damage in the past to cars in racing incidents and has worn the cost, as "that's racing".

The decision to deny liability and offer compensation is likely the decision of a claims manager. No insurance companies legal team would risk this matter going to court, the empirical physics of this matter are indisputable. Any argument that the quad bike is not at fault is easily countered by physics which cannot be denied. For the car to have been pushed under the quad would require enormous force - far more than a couple, or even a dozen people, pushing could apply. Trying to push a vehicle under a lighter quad is impossible. The collision, if this is was the case, would simply bump the quad forward not cause it to climb the bonnet.

On the other hand, the quad accelerating backward would easily climb the car. The only way a quad can climb the bonnet of a car is for the wheels of the quad to be turning with force in the right direction thus applying the not insubstantial tractive effort for the quad to be able to climb the significant step up to where it finally stopped and had to be lifted and pushed off the vehicle by several people.

This decision by the insurers to deny the laws of physics will not stand up to scrutiny and will cost them substantially more.

Mike..In hindsight it would have been much fairer for the quad & its operator to be under your car & not on top of it !!! In my years of drag racing. I feel that in pusuit of our passion that drag the racing situation reminds me of performing clowns in a circus ring providing the crowd entertainment at the clown's expense,paying for the privilege of being there for little renumeration if successful whilst somebody else pockets the chaff...this is how it is & regrettably we have no alternative than to accept this if we wish to participate..Willowbank when I was previously out & about always provided a professionally run & well organised meeting.The work,dollars & driving risk associated with a high speed vw deserves a lot more respect than what you have received.Anybody can put a reasonably sized & modified v8 in something light & "voila"...you have an instant super sedan with minimum fuss.Mike Ian Mezz hit the nail on the head...country people do know the meaning of friendliness & do not lack ethics See if you can make it at Gunnedah that weekend....I will be taking the "HOUND" out for its first bit of trackwork after its upgrade..to make sure the driver has not lost function !!!! Regards & concern...Ross Freestone.

I have posted this over at Dragster site and all can't believe what happened and how badly this has been handled.

http://dragster.com.au/modules/newbb/viewtopic.php?topic_id=21150&forum=4 

Overwhelming support from the dragster website for the morons at the track to pay up for the damage. Like someone mentioned on dragster "what if someone had been standing between the quasd and the Ghia?" Injuries would have been sustained and something would have been done then....

I have been following this post and have to admit I am totally lost for words. Its good to see the support from both here and on the Dragster forum, I just hope for all those effected that common sense prevails and Mike gets his desired result....Pay up WSID.

It is this sort of pathetic nonaction that made me decide to sell my recent drag project, Portland officials couldn't even work out which cars were faster than others......

Good luck Mike, but dont hold your breath, hope the repairs go well and we see you racing soon.

Matt Berry

mike i'm lost for words, i'm not a hippie but karmas a bitch.

Can you believe they give control of a motorised vehicle to somebody who clearly has no idea of what there doing, and the idiot turns to Mike and says "a little polish should fix that" its a wonder he didn't leave on a stretcher.

In doing what they have done, they are in breach of section 38 of the OHS&W act in their failure to maintain their duty of care to racers(paying customers) and their surrounding workmates. It should have at least been reported to the DAIS as a near miss of potentially catastrophic circumstances. It may be questionable since nobody had been injured, but their repsonse is indicative of their direction(and subsequent"we don't care"attitude and "you signed the form") whether or not an injury has taken place which can be interpreted as negligence on their part. Some follow up legal advice wouldn't go astray here. You should be successful in pursuing them on this basis and the Commission takes a very grim view on careless enterprises.