Post
by Dippy » Wed Nov 12, 2003 1:56 pm
I seriously doubt that a negligence claim would successfully hang on a non-mandatory safety feature such as ESP. Dangerous or careless driving would need to be proved in addition. For a start, motor insurers quote on a vehicle inclusive of all its mechanical and electronic functions, such as ESP, and presumeably if they insure a car that has an ESP option they are including cover for both on and off scenarios provided, as I said, dangerous driving cannot be proved.
I wrote "potentially". Also you are focussing on the criminal law system not the civil one. Furthermore what relevance is insurance other than protection from a civil lawsuit? And for that matter I have no doubt that many insurance companies would try to avoid paying up because the default state of the ESP is on. Like I stated, by turning it off you are disabling a safety feature and increasing risk. Many insurers would argue that you should inform them of this.
2001 Silver S4 Avant
AmD remap, APR R1 DVs, APR bipipe, Full Miltek exhaust
H&R coilovers, AWE DTS, Porsche front brakes, Short-shifter, 18" RS4 replicas
Defi-HUD boost gauge / turbo-timer (with afterrun pump modification), Phatbox