Waiver does not mean sh*t, it is just a piece of paper (at least in the US).


Do NOT listen to anyone who is not from China, because chances are they don't know sh*t about Chinese law. (This includes me )

Get a lawyer, you might be able to get a free consultation and get some basic info.


Just as a side question, is it really the rule that you drive toward a spinning car, because that is the only place you know it won't be by the time you get there? They say that in every racing movies

Also, is China Contributory Negligence or Comparative Negligence? You should be able to figure that out and maybe start there

GL

 

Bike's slide to the outside, cars slide in either direction. If it's banked they're more likely to slide towards the outside, but if it's got a wall on the outside, you're taught to steer away from the slide if attempts at correction don't work immediately. This means that you can bet that the car will move, you just don't know where. Steering towards where the car started the slide is safer than steering towards the spinning car. You'll just auger in behind it, which is what people do when they target fixate

 

well A. its at a track and B. not in this country so i obviously can't say for sure. but on the public road ways in the US, you can get cited for "failure to avoid an accident" which is what he did. You were spinning and he thought wrong about being able to get by you.

How this works at a track, let alone a track in another country, i have no idea....get some real legal advice.

 

like everyone else said, getting a lawyer in China In my opinion, he is more at fault because I'm pretty sure he could have stopped or at least slowed enough to safely swerve around you...

 

+1 on the lawyer..


He is at fault. Not you. Thats like someone rear ending someone at the light and blaming them for being stopped.
Sounds to me that he is trying to get someone to pay for his eff up and put blame elsewhere besides admitting his poor decision on the track. Caution flag or not, he chose to pursue passing an out of control vehicle on the track and took that chance.
Good luck and keep us posted.

 

Thanks everyone for the inputs. Yes, I should definately get a lawyer, as I am not familiar with HK/China law, which may differ from the states. Yes I signed the waiver which was provided to us before we even made the trip to China, which stated that the individuals should bear all risk on their cars. Most likely the case would get rejected even before it begins due to this reason, but even in moral point of view, it just seems like he's trying to find an excuse for his own mistake, and me being a newbie on track and was the object he tampered with which in return burned him, I was the perfect target for him to put the blame on. I honestly think he should be bearing the damage on my car (although minor).

He also claims that he saved my car from 'being finished' as he describes it, what could possibly happen to a car that is spinning in circles in forward direction on tarmac travelling under 60mph? It's just gonna end up sideways stopped in the middle of the road course, and without damage if he just slowed down at the same pace as my car (no need for hard braking). I'm sure the greed to win at that event made him choose that decision, just that he doesn't want to admit it.

This one is my biased post, but I don't think I am being as unreasonable as he is. I had a phone conversation with him for about 3 hours, he'll start off by saying that I should pay partial as I have violated rules (driving hard at warning) blah blah blah, then when I mention about him and other cars following too close, he would talk about how he wasn't driving competitively and just watching what I was doing and that he was maintaining safe distance which was 2-3 car length since warning was on.

Then when I mention how the distance doesn't matter as long as he have enough room to avoid any situation, then he starts twisting words that how he can expect everything and anything that can possibly happen.

He'd then change subject and says why he should pay for the damage when it is me that crashed into him. Wow, so if someone runs into my head with their face, I'm headbutting him? So I ask him why he didn't make more sensible decision and just slow down with my car, as he had choice to brake.

Then he would say that he was worried if he slowed down other cars would hit him so he decided to go with what he thought was the lowest risk. Then I state that he didn't have enough room to not only avoid accident, but also didn't even have time to make clear decisions, and other cars were following him way too close if he couldnt even brake at the pace of a sliding car. From here, he'd twist the words again into how he was maintaining the safe distance (of 2-3 car lengths) and repeat exact arguement from that point.

I had enough after the three hours and just told him to sue me, if he's so confident that he is right then he can go ahead, because I am very confident that I'm not wrong in this case.

 

you shouldnt be at fault....

there are huge risks in this sport and everyone know that. even if you went directly into him and it was 100% ur fault, its not your fault. that happens and its part of the risk...


take care of this asap. ask what the locals suggest and theyll be able to help you


good luck!

 

+1 lawyer

 

LOL if he saw the Warning flag, he should of just let you go if you were going at full speed. He must of been pushing to keep that 2-3 cars behind you. He soul of just slowed down and followed the warning and slowed down and let you go. And you should of got a penalty for not following the warning. That's my 2 cents Good luck with it! +1 for the lawyer___


PS. keep us up to date on this!

 

Doesn't sound like your fault, even so you might just get some legal advice anyway.

On a similar note (but kinda off-topic)
I was at the track either here or in orlando, and I saw a race between a Fc Rx7 and an Fd rx7, about 1/4 of the way down the track, probably top of 2nd or shifting to 3rd the Fd, (in the right hand lane) loses the back end and fishtails right into the other car t-boning it and slamming the Fc into the wall. From the looks of it both were totaled, and it was obviously the Fd's fault as he lost control, but what surprised me is that the little police officer in his mini van drove up to the wreck and wrote a ticket! The only thing I can imagine is that he had to establish who was at fault, but still at the track I didn't think it mattered. Not like you can call up geico and be like "yeah, so I was racing my car and I wrecked it, do I still get my full covereage?"

 

thought everyone assumed their own risk at a track-- so how can anyone sue anyone for anything?

 

Just Leave The Coutry They Can't Chase You Here

 

There is a legal term for racing on a track, it is called " assumption of risk". If you race on a track you are assuming the risk that something like this is going to happen. In the US it would be almost impossible to be successfully sued for this. I say successfully, because any idiot can file a suit with no merit. This occurred outside of the US so I am not sure what the local laws are. Best advice, seek local counsel.

 

I don't know anything about Chinese laws but to my opinion, you should not be at fault. A experience race driver would slow down when he see another driver is spinning out of control. Racing is either about being competitive or just having fun. Like someone said, if you're racing at the track, there is no blaming on someone except yourself. There should be some witness that will testify at court if you do go to court. The driver that has a camera in his car should capture the accident too if he is behind the driver that's sueing you. I think it would be against the law to destroy critical evidence if he does to benefit the driver that is sueing you. That's my opinion. Good luck

 

Go ahead and file a counter suit for the damages to your car and the upcoming legal costs you are about to have. That will scare him off.