[sambonator]

As far as your policy, I don't think you will get it covered, since it is right there in writing.

Only recourse, I think, is to sue your agent and insurance company, but it would be almost impossible to prove that he lied to you or misinformed you. I don't think any judge would rule in your favor.

[sambonator]

...but you still have your health and family, which is a lot to be thankful for.

After all, its only money... (something I've said to myself since my divorce!)

[skierman64]

"...ON A TRACK DESIGNED PRIMARILY FOR RACING OR HIGH SPEED DRIVING. This exclusion does not apply if the vehicle is being used in a connection with an activity other than racing, high speed driving, or any type of competitive driving."

The bottom line on this exclusion is it does not apply if the vehicle is being used in an activity:

1. Other than racing...yes he wasn't racing
2. Competitive driving...yes there was no competition
3. High speed driving...what is the definition of that???

The only argument that can be made is what is the spelled out definition of "high speed driving?" It's very very subjective.

How fast was the OP going when the accident occurred?

If an E46 is capable of 150+ mph, and he was only doing 110 at Miller, doesn't that make it less than "high speed".

Since the three exclusions are all in the same sentence, you could also argue that since high speed driving was not associated with racing or competitive driving it does not apply.

[Super Nova]

Thanks for the support brother! What you're saying is what I've been saying all along and the basis of one side of my lawsuit against State Farm. My body shop says based on the damage I could've only been going 30 - 40 mph when I crashed. I've hired an accident reconstructonist to prove it.

The other side of my lawsuit involves my agent claiming we never even spoke about my track driving when I have proof that's not true. He has a completion certificate from my Audi Driving school from last year, in my file!

[skierman64]

Are there pictures of the car posted anywhere?

Not that it matters in a legal sense, but what caused the accident?

[Super Nova]

No pics posted... I don't have the stomach for it. Not until this thing's over.

As for the crash, I just lost control of the rear coming out of a turn.

This damn lawsuit is moving at the 0-60 time of a glacier...

[bolty]

WOW! What a mess!

I learned a couple of good lessons from your experience.

Hope it works out for you!!

[alan93rsa]

I had a bad experience with a 911 a few years ago. When I talked to the adjuster on the phone he said the car would be totaled and I'd get a check. A friend suggested I get the follow-up conversation on tape. So when the adjuster arrived at my house I had a basket of laundry in the room with a cassette tape recorder under a T shirt on top.

The adjuster told me that there was no way to repair the car and even went into the details of why he thought this to be the case. He again stated I'd get a check for the car and that the conversation was merely a formality.

Fast forward two weeks and I get a call telling me they are going to try to repair the car since it is only 6 months old. The same adjuster agreed to come over to my house and go over the details. We had the meeting in the same room but this time I just put a shirt on a chair next to me with the handy cassette recorder under the shirt.

The guy told me what they now wanted to do and I countered that it was not per our original conversation. He stated he couldn't speak to that conversation. So I stated that 'you know you said the car was not repairable and even told me why and now you say it can be repaired'? I couldn't believe what happened next. The guy admitted what he told me and then stated he would deny it if I pursued it. I said thanks for your time I don't agree and we will be talking again.

Next day sent the tapes to my attorney. One week later I got my check.

[uberschnell]

Originally Posted by darkphantom

wow, sorry to hear this. Like aforementioned, why not say you were taking a defensive driving course...?

Most likely state farm has a pretty well equipped investigative unit that would blow holes in that claim post haste. Especially when you are talking about a $40K+ claim.

[Super Nova]

Originally Posted by alan93rsa

I had a bad experience with a 911 a few years ago. When I talked to the adjuster on the phone he said the car would be totaled and I'd get a check. A friend suggested I get the follow-up conversation on tape. So when the adjuster arrived at my house I had a basket of laundry in the room with a cassette tape recorder under a T shirt on top.

The adjuster told me that there was no way to repair the car and even went into the details of why he thought this to be the case. He again stated I'd get a check for the car and that the conversation was merely a formality.

Fast forward two weeks and I get a call telling me they are going to try to repair the car since it is only 6 months old. The same adjuster agreed to come over to my house and go over the details. We had the meeting in the same room but this time I just put a shirt on a chair next to me with the handy cassette recorder under the shirt.

The guy told me what they now wanted to do and I countered that it was not per our original conversation. He stated he couldn't speak to that conversation. So I stated that 'you know you said the car was not repairable and even told me why and now you say it can be repaired'? I couldn't believe what happened next. The guy admitted what he told me and then stated he would deny it if I pursued it. I said thanks for your time I don't agree and we will be talking again.

Next day sent the tapes to my attorney. One week later I got my check.

This story you shared makes me happy! I have some similar evidence...

[S4to335]

Originally Posted by Super Nova

This story you shared makes me happy! I have some similar evidence...

Good luck man..hope it works out.

[WERND]

For anyone that "thinks" they are covered as stated earlier in this post, GET IT IN WRITING. As of this year things have really changed and I have yet to find someone who will cover me at the track. Actually, my whole group of friends can't find any. Some had track only insurance others were covered on their basic insurance. Not anymore, and the track only insurance doesn't exist anymore. Atleast the agent won't return our calls.

[akhter]

Where I live, once you enter a track, there is no insurance on the car. You have to buy special track insurance (not an add-on to regular insurance) which is so expensive (20-30 % of the cost of the car), no one gets it. Even then i don't think it applies when actually racing.

Good luck dude--everytime i am at the track, i worry about this...

[ToddPhilly]

Originally Posted by WERND

For anyone that "thinks" they are covered as stated earlier in this post, GET IT IN WRITING. As of this year things have really changed and I have yet to find someone who will cover me at the track. Actually, my whole group of friends can't find any. Some had track only insurance others were covered on their basic insurance. Not anymore, and the track only insurance doesn't exist anymore. Atleast the agent won't return our calls.

I second this. Get it in writing or get designated track insurance. I have mine through WSIB as do many of the guys in the club I run with. A friend of mine just totaled a beautiful 993. He said so far WSIB has been very easy to deal with and all costs (minus deductible of course) will be handled.

www.wsibinsurance.com

Always hate to hear stories like this. It's a shame we put so much faith in those we do business with for many years. Unfortunately, most sales reps (insurance, mortgage, auto, or otherwise) are idiots and do not know true details about the products they are selling. So....get it in writing or all bets are off.

[Quisp]

You said that your agent has your certificate from an audi driving school in his file. If he had the certificate then he was aware that you took your car to these types of events and tracks. So how can he say he didnt know? If it comes down to a court situation that may help weaken his credibility and the strength of his word against yours.(maybe, hopefully)
Was the event when you had your accident in any way similar to the Audi one? If you can get those two to be looked at as similar then by virtue of you being covered at Audi, you would be covered at anything like that.
Maybe the workers at the track where the accident ocurred could offer statements supporting a safety or education event, or make statements as witnesses to your driving at the time of the accident to help fight their claim that you were high speed driving. A good body shop can also give a statement estimating the speed of the vehicle based on the type and amount of damage. State Farm is going with the fact that when you think of track day, you think of trying to break speed records, not using the open track as an area to practice your skills without endangering pedestrians or other drivers.
Also check the mailings they sent you after you got your policy, I beleive they are called riders. Those little tissue like paper booklets. Those have a lot of fine print and clarifications of your policy. In one of my stepsons accidents that info saved us because state farm said he wasnt covered driving someone elses car, but we found a paragraph in that booklet that said he was so they did.
I hope that you are able to do something about this. I recently was dropped by state farm after my new wife and stepson had 3 accidents in the last two years and i had a accident in which my old BMW rolled out of a parking space and hit another cars door at a blistering 4 -6 mph. I actually caught up to the car as it rolled into the other. Total damge $650. This was after 14 years with them and less than $6000 in claims over that period.
Good Luck.

[T Bone]

Super Nova,

You have a couple of key challenges that you need to address:

1. You have no written statement from your agent / State Farm. As a general rule, verbal agreements cannot supercede written terms of a contract
2. The way that 19b is written, Statefarm has many ways to deny your claim. Remember, you are suing an insurance company..... they have more lawyers than some law firms....and I can guarantee they troll the internet. You should consider the money you would spend in a lawsuit. Don't post anymore details.

You may want to check with BMW CCA and Porsche Club of America to see how their members handle claims.....you are not the first and last to do this....

[Super Nova]

Originally Posted by T Bone

Don't post anymore details.

Don't worry... I have plenty of cards yet to play that I'm not talking about...

[335xiMTL]

There is always a solution. Only problem is that I may have seen this post a little late and now my advice may be useless ... here goes anyways:

What you should have done that day was call in a tow truck to bail you out. You should have had him him bring your wrecked bmw onto a highway somewhere so you can find a ditch by the side and jst dump the car right in !

problem solved . Insurance would have had no problems there ! No excessive speeds, no blah blah. Just another unfortunate sucker ( little do they know heheh )

At least thats what ive seen guys do with their ferrari's when they wreck them up here @ the track. They're claiming a little over 50 g's ... and still no issues.

Hopefully that helped a bit...
GL!!! And sorry for your loss
Hope you get another baby soon !

[G-Mach1]

Originally Posted by 335xiMTL

There is always a solution. Only problem is that I may have seen this post a little late and now my advice may be useless ... here goes anyways:

What you should have done that day was call in a tow truck to bail you out. You should have had him him bring your wrecked bmw onto a highway somewhere so you can find a ditch by the side and jst dump the car right in !

problem solved . Insurance would have had no problems there ! No excessive speeds, no blah blah. Just another unfortunate sucker ( little do they know heheh )

At least thats what ive seen guys do with their ferrari's when they wreck them up here @ the track. They're claiming a little over 50 g's ... and still no issues.

Hopefully that helped a bit...
GL!!! And sorry for your loss
Hope you get another baby soon !

Thanks for stepping up to the plate with your excellent idea.
It is called Insurance Fraud and I think it carries a criminal record
I happened infront of many people plus I am sure that track has some policies and procedures they have to follow. Also insurance companies has some of the best lawyers and Investigators they will be able to figure things out in no time.

As for the OP I am sorry to hear what happened. Just like another poster noted here I will stay away from the forum until all this is solved. Trust me.

[S4to335]

Originally Posted by G-Mach1

Thanks for stepping up to the plate with your excellent idea.
It is called Insurance Fraud and I think it carries a criminal record
I happened infront of many people plus I am sure that track has some policies and procedures they have to follow. Also insurance companies has some of the best lawyers and Investigators they will be able to figure things out in no time.

As for the OP I am sorry to hear what happened. Just like another poster noted here I will stay away from the forum until all this is solved. Trust me.

Yeah..I am not too keen on his idea either.

[Super Nova]

The long and winding road of my legal battle with State Farm is at an end ladies and gents...they caved and settled, how shall I say..."handsomely."

They finally realized they were gonna get killed in court. With a lying ass agent on one side and me with all my proof on the other, they buckled.

State Farm's attorney said to my attorney after the depositions a few months ago, "It seems your client is very clear on the details of the case where my client (my old State Farm Agent) is not so clear." I asked my attorney if that was legal speak for, "one of you is lying and the other is not?"

As for the number...let's just say, even with legal fees, etc... I'm only out slightly below where I would've been had they just paid me outright. This accomplished by getting a decent sale on my wreckage and negotiating well against State Farm once the cards were on the table.

They knew they had to settle or risk massive exposure to other costly litigation had I won in open court.

Justice has been served, at least in some measure.

To all those cynics who thought it couldn't be done, I lay this victory at your feet. Just goes to show you, sometimes the good guys win.

[200Duece]

Congrats. Maybe now you should build a dedicated track car.