You bend it, you mend it.

[wemorgan]

Ouch.

http://www.telegraph.co.uk/motoring...sued-after-1.25m-porsche-engine-explodes.html

Mark Hales has posted on the other thread that Mr Piper won this case.

He owes Piper £50,000 plus £63,000 legal fees. Hales also has his own legal fees to pay. He says that he's likely to lose his house.

The test was a joint effort between two publishers (Octane/Dennis, and 911 and Porsche World/Auto Italia/CHP).

The 917 part of the test was a commercial arrangement and the fee was split between Octane Magazine and the rest. The other car in the test (Nick Mason's Ferrari 512S) was provided on the understanding that out of pocket costs were covered.

There was an agreement between Piper and Hales as to the terms of the hire. Piper knew that crash damage was covered by insurance which was provided by Octane Magazine but there was a very specific discussion about damage to the engine in the case of an overrev. The Porsche 917 has a very tricky gearshift which caught out top level drivers like Vic Elford and Jo Siffert. This is well documented in the history books

Hales regularly gets to drive cars like this because his reputation is well established and his experience with different cars is extensive. He is not however, and never has been in a position to indemnify any damage. This is well established custom and practice in the historic race car world.

Piper agreed that the mechanicals would not be covered.

This was an agreement between gentlemen and was not written down. Piper chose not to remember the conversation in court.

On the day, the 917's gearshift was particularly difficult, especially shifting into third. Hales came straight into the pits to report this to Piper's mechanic. Hales was told that this was a matter of adjustment (the implication being that they didn't have the time or the inclination to make that adjustment) and please to be careful.

Hales found that if he held his hand on the gearlever and released the clutch, the overrun would tell him if and when the gear was engaged. Sometimes it wouldn't and he had to go back to second and try the shift again at lower revs. Not an ideal way to get the feel of a 917.

Later in the day, Hales short-shifted from second to third to make sure the gear was changed before the next corner but didn't hold his hand on the lever long enough. The car drove on the synchromesh for a fraction of a second then spat the gear out and the engine overrevved.

In court, the mechanic chose not to remember the visit to the pits or the conversation that took place there.

This is all a matter of public record, as is an invoice which was produced in evidence, bearing the date February 30th. The issuer of the invoice also misspelt his own name.

Piper spent £63,000 in lawyer's fees and was predictably successful in the High Court.

Hales made some very silly mistakes since the event, and was badly served by less expensive lawyers.

Octane Magazine made a financial offer of settlement. This was declined and there was no further discussion.

Piper has since sold the car for £1.3million which is entirely his prerogative.

Hales is now facing bankruptcy and likely to lose his house.

 

[Dieselman]

You would think a professional journalist would have indemnity insurance to protect against such mishaps.

How convenient that Piper and the mechanic forgot the mention of the gear engagement problem and visit to the pits.

Show how important documents are when dealing with people.

 

[c63chris]

That's a real shame. Have had the pleasure of be

 

[c63chris]

That's a real shame. Have had the pleasure of being driven by him and he is a top bloke. Very hard lesson to learn here

 

[bolide]

I took some photos of David Piper's BRM at Rockingham. He threw a rope round the front wishbone, tied to his 300,000-mile estate car and told me to tow him out onto the track. I was petrified - obviously with good reason

Had the wishbone broken on a race-winning, original BRM perhaps I would have lost my house too?

Nick Froome

 

[Ian Donkin]

My friends 959 Prototype (none of which were meant to still exist) was loaned to a motoring journo writing an article for 911&PW and finished the day with two blown turbo's and a very big bill for my friend... Maybe he should have adopted the Piper approach, but being the gent he is he just took it on the chin.