AACA Region Car Show Insurance and COVID-19

[SIRAACA_Editor]

Hello all - As I'm sure is the case with many local regions, we here in Staten Island are still unsure about the status of our fall show in September.  Many factors will play a role in what we can or cannot do, including social gathering guidelines, venue availability and the loss of local sponsors and donors that help fund the event.

 

That said, we are curious if the insurance policies we are afforded for our events through the AACA and JC Taylor address issues related to COVID-19.  If we hold a show within the allowed guidelines at that time, and someone claims to have gotten sick at our event because we failed to enforce social distancing/crowd counts, what's our liability?

 

It's possible the answer to this question makes our decision cut and dry.  What are other regions hearing, or what's the word out of national HQ?

 

Stay well!

Paul Arena

President, SIRAACA

[Steve Moskowitz]

Paul, believe it or not you are the first to ask this question.  Easiest thing would have been to call me or our office as I am not on her much for awhile.  Almost mised it but I will ask our carrier for a response. 

[Steve Moskowitz]

Paul, the insurance industry has not addressed COVID at all nor has our Congress made any provisions for liability protection either.  At this point,  it seems that with a waiver or without it everyone in this country is in limbo as to any possibility of liability coverage by insurance.  So, short answer is that AACA has no COVID coverage.

[29hupp]

A waver signed by an attendee is useless.  If I sign a waver and get the virus and someone else gets the virus from me that person will then go after the deep pockets and sue the organizer and all it's officers.  Sounds absurd but that is how it works today. 

[46 woodie]

It would be a frivolous lawsuit, as definitive proof would be required as to where and from who you contacted the virus. Virtually impossible.

[29hupp]

Maybe so maybe not as that is the example our attorney gave us when we were trying to organize an event and have attendees sign wavers.  Lawsuits like that frequently come down to who has the best lawyers.  

 

[Steve Moskowitz]

I am not a lawyer but did stay at a Holiday Inn Express (when they were open)!  So, many people are asking for COVID waivers to be signed. It is one more bullet in the chamber in case there is a lawsuit. However, they are not close to being bullet proof depending on the state, the lawyers, the circumstances surrounding the offense ( for instance meeting all the COVID recommendations), etc.  This is a very litigious society and there will be those who will try to use the pandemic maybe with some justification but probably too many for simply economic gain. 

[franklinman]

The biggest issue here is that regardless of having signed waivers, insurance coverage, following of all recommended / required guidelines, etc. you can still be sued in court! And regardless of the outcome you will still have to defend yourself and/or the organization. The cost(s) could be potentially ruinous.  In today’s society the cost of prevailing in court can be almost as bad as losing. Sad but true.

[SIRAACA_Editor]

Thanks for the follow up Steve, and for the other points that each have you have made.  Yet another thing for us to consider as we sort this out.

[nick8086]

What about the nursing homes?   You pay 9k a months to care for you mom or dad.. If they have  COVID in the place..

Edited June 18, 2020 by nick8086 (see edit history)

[chistech]

One would assume this will have to be taken up in DC by the government. If the country is expected to open to help our economy, one would also expect some to contract Covid-19. By establishing a no-fault type law to protect those businesses and public gathering type events, they’d be more willing to start business again. People venturing out would do so at their own risk like before lawyers came along.