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Riley Herbst’s Future Is in Limbo Due to 23XI Lawsuit

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What’s Happening?

As the offseason creeps closer, one NASCAR Xfinity Series Playoff driver has yet to announce his plans for 2025. At Vegas, Herbst spoke about his future with uncertainty, so what’s the hold-up?

  • Riley Herbst currently races for Stewart-Haas Racing’s Xfinity Series program. However, it is already confirmed that Herbst is out of that ride in 2025, with Sam Mayer racing for the newly renamed Haas-Factory Team.
  • In exchange, Herbst was the leading candidate to take over a new NASCAR Cup Series ride. However, there is little to no news about Herbst’s status with this team. Yet, off-track drama could be the hold-up for Herbst.

What’s Hurting Herbst?

Riley Herbst is the leading candidate for 23XI Racing’s new car. However, 23XI, along with Front Row Motorsports, is currently suing NASCAR on antitrust grounds.

While the lawsuit revealed that 23XI purchased the third charter, it also confirmed that NASCAR has yet to approve the sale of the charter. Furthermore, a response filed by NASCAR last week confirmed that NASCAD is planning on having 32 chartered teams next year rather than the usual 36.

The four removed charters are presumably 23XI and FRM’s charters. This leaves the question of whether or not the team would even have charters in 2025.

According to Joseph Srigley of TobyChristie.com, this uncertainty is bleeding over to Herbst.

While this does not yet confirm that Herbst is 23XI’s next driver, it does, however, contain the necessary context clues that tie Herbst to an uncharted ride. If there is no third car next year, this leaves Herbst in a tight spot entering 2025, but how did he get here?

How Did Herbst Get Here?

Riley Herbst is a curious case for the NASCAR Cup Series. Despite five full-time Xfinity Series seasons, two wins, and four Playoff appearances, Herbst’s career seemed to have stalled at the start of 2024.

This followed a revamped lineup at SHR’s Cup Series program in which Herbst missed out on a promotion to Josh Berry and Noah Gragson. However, when SHR announced its closure, the rumor mill picked up for Herbst.

While Herbst has been consistent in his part-time work in the Cup Series, more beneficially, he has sponsorship from Monster Energy and his family’s company, Terrible Herbst. His skill and great financial connections are what tied him to 23XI Racing’s rumored interest in expansion earlier this year.

@brakehard WHO GETS THE REMAINING SEATS IN NASCAR CUP SERIES SILLY SEASON? #nascar #racing #motorsport ♬ original sound – brakehard

Prior to the lawsuit, some rumors, like this TikTok from BrakeHard, even suggested that Herbst’s family even helped purchase the third charter for 23XI Racing. However, when 23XI and FRM held out and sued NASCAR, this future went up in smoke.

When Will We Have an Answer?

So what is Herbst waiting for? Well, Riley is far from the only one affected by this lawsuit and the uncertainty surrounding the charters. On Nov. 4, there will be a hearing for a preliminary injunction to allow 23XI Racing and FRM to race under the 2025 NASCAR Charter Agreement while the case proceeds.

Unfortunately for Herbst, the teams are granted their injunction, but there is no sign that NASCAR will approve that charter transaction, though there is equally little evidence to suggest they wouldn’t in that scenario.

The worst case for Herbst would be if 23XI does not get their injunction and loses their other charters. This scenario leaves Riley on the outside looking in for sure, as operational costs will pick up substantially following this decision, and the team will surely not expand.

Right now, Herbst is in a sort of purgatory, not in the Cup Series but not in the Xfinity Series in 2025. The problem is that most solid rides are filling up at both levels. Either way, Herbst is a proven driver with healthy backing. He will likely land on his feet, even if it is a disaster scenario.

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Kauy Ostlien

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