Roll Cage: Roll Cage Injury: Liability if Passenger Hits Head

I received a DM from a frantic subscriber whose friend suffered a concussion in the passenger seat of his track-prepped BMW M3. They were driving to a Cars & Coffee, stopped short, and the passenger’s head slammed into the unpadded steel A-pillar bar. Now the passenger’s health insurance is suing my subscriber for $150,000 in medical bills, and his auto insurer is threatening to deny coverage because the roll cage was deemed “unsafe equipment” for street use.

Key Takeaways

  • The “Unsafe Equipment” Defense: Insurers can argue that installing a solid steel cage in a street car without helmets constitutes gross negligence or an unsafe modification.
  • Medical Payments (MedPay) Limits: Your standard $5,000 MedPay limit won’t scratch the surface of a traumatic brain injury (TBI).
  • Padding is Non-Negotiable: If you run a cage on the street, high-density SFI-rated padding is the only thing standing between you and a denied liability claim.
  • Rear Seat Delete: If you have a roll bar, you must remove the rear seats. Letting someone sit in the back with a bar in front of their face is a guaranteed lawsuit you will lose.

The “Why” (The Trap): The “Increase in Hazard” Clause

Most policies have a condition stating coverage can be suspended if there is a “Substantial Increase in Hazard” known to the insured.
A roll cage is designed to protect a helmeted driver in a rollover. For an unhelmeted passenger in a fender bender, it is a lethal weapon.
If the insurer determines the modification caused the injury (which it did), they may deny the liability claim or defend you under a “Reservation of Rights,” meaning they might sue you later to get their money back.

[IMAGE: Photo of a roll cage bar with SFI padding vs. bare metal, highlighting the impact zone]

The Investigation: I Called Them

I asked three carriers about liability coverage for caged street cars.

1. State Farm (Standard)

  • The Reaction: The agent hesitated. “If the car has a roll cage, it’s considered a racing vehicle. We might not insure it at all.”
  • The Risk: If the underwriter sees photos of a full cage, they often send a non-renewal notice.

2. Hagerty (Specialty)

  • The Reaction: They accept roll bars/cages in “Modified” vehicles.
  • The Condition: They strongly advise SFI padding. They understand the risk but generally cover the liability as long as the car isn’t being used for racing at the time.

3. National General (High Risk/Modified)

  • The Reaction: They specialize in modified cars. They accepted the risk but charged a higher premium for the “Modified Safety Equipment.”

Comparison Table

FeatureStandard Auto PolicySpecialty/Modified Policy
Acceptance of CageLow (Risk of Cancellation)High (Disclosed Mod)
Liability for Head InjuryDebatable (Negligence defense)Covered (Usually)
Medical PaymentsLow Limits ( 1k−1k− 5k)Higher Options Available
Back Seat PassengersProhibited (with cage)Prohibited

Step-by-Step Action Plan

  1. Pad the Bars: Go to a race shop today. Buy SFI 45.1 padding (it’s hard, energy-absorbing foam, not soft pool noodles). Wrap every bar a head could touch.
  2. Delete Rear Seats: If the bar crosses the rear, remove the seat belts and cushion. Make it impossible for someone to sit there.
  3. Increase Liability Limits: You need 300k/300k/ 500k minimum. If a friend gets a TBI in your car, $100k covers nothing in 2026.
  4. Disclose the Cage: Send a photo to your agent. If they say “We don’t cover that,” switch to Hagerty or Grundy immediately. Better to switch now than get denied later.

FAQ Section

Does a “bolt-in” cage count?
Yes. Steel is steel. Whether welded or bolted, it causes the same injury.

Can I make passengers sign a waiver?
Waivers for car rides generally don’t hold up in court against “Gross Negligence” or if the passenger is a minor. Don’t rely on a napkin contract.

Is a roll bar safer than a roll cage?
For street use? Yes. A “half cage” (roll bar) behind the driver is safer because your head is less likely to hit it than a full cage with A-pillar bars.

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