jimnova

Hey guys,

First off, I know that it's been a long *** time since I've posted and I sold my Audi for a Bimmer but this is serious...

As many of you may or not know I was in an accident at MMP on May 19th at an open track day that has resulted in my car (my beautiful BMW Dinan stage 2 2007 335i crimson red coupe) being totalled.

As if this was not traumatic enough, State Farm as of yesterday has denied my claim due to a tiny policy exclusion involving high speed driving in my policy. The worst part is that my agent, who I've worked with and trusted for 7 years has thrown me under the bus by claiming we never spoke about my track driving events before I did them.

The fact is, I called him in the spring each year for the past three and specifically asked him about doing driving schools and open track days and every single time he read the policy and said to me I was fine as long as I wasn't racing, competing or time trailing of any kind. Now that the **** has hit the fan and his bosses have come asking, he's saying we never had those conversations in order to save his own ***. Even though every time I said "Are you sure? I'm willing to buy additional coverage if need be." He always said "No. You're covered."

I don't know what to do. I've contacted a lawyer who handles these kinds of cases but I'm afraid I'm just not that hopeful. I'll fight it as best I can. We haven't spoken about the specifics of the case yet, but I feel utterly despondant boys. It sucks being stabbed in the back like this.

Any ideas or help would be very welcome.

On the positive, I wasn't injured at all (except for a small powder burn on my right thumb from the airbag). I'm looking to get a used BMW motorcycle in the meantime.

Hope you're all having a good summer so far...better than mine anyways...

Jim

DaveInSaltLake

document their conversations with their insurance agents with a follow-up email or, better yet, a memo from the agent.

It sounds like you were willing to buy the additional coverage and the agent was negligent in understanding his own policy. If it were me and there was any witness, I'd be having a chat with folks a few tiers up at the insurance company. If fact, I think I would do that anyway.

Stardog

Let me know if you need a second legal opinion. This is not my area of the law, but I know the best in town for this type of case. I have always operated under the assumption that I am at my own risk at the track, and that the rat b@stard insurance compaies will find a way to deny a claim if it happened on the track.

I'm a bit surprised that your car was totalled--it did not look that bad at the time. Was there extensive internal damage?

MarkFank

:-( x10 I guess Ventura's determined it was a total loss?

mike (@home)

Jim! i had no idea! So sorry to hear that man! best of luck!

s4wood

What was it specifically called? Were there instructors..did you have one? Best bet is to get a lawyer involved. Do you know Carl Buckland in SLC. He is a long time instructor for numerous clubs..and may have some insight into this..AND he is a lawyer.

jimnova

Hey Stardog. Yeah...one of the turbos got hit and that was enough to push it over the treshold for totalling it.

I'd love to know your legal opinion. I'm in Boston until July 5th. Give me a call on my cell (801)419-4249

jimnova

I was just at an open track day. I'll look up you friend Carl Buckland. Thanks...

Reggie

What is considered high speed? - and the NASA ACNA people should be notified too.,

neilm

You might have met him as he was instructing with Lapping Days the day you were there. There has been a lot of talk about the incident at Miller, as the GM got an uncomfortable call from the insurance company. I'm sorry to hear it was you.