The Racing Rules of Sailing
What to do when there is damage from a collision?
What should I do when my boat is damaged from a collision with another boat during a race. Should I protest?
And if I win a protest, does the other boat have to pay for the damage?
And if I win a protest, does the other boat have to pay for the damage?
Created: 23-Jun-15 13:49
Comments
Format:
You must be signed in to add a comment.
Damage liability is separate from penalties under the racing rules, it’s between you, the other owner and your respective insurance companies. In the US we have prescriptions saying that accepting a penalty does not constitute accepting liability for damage and that protest committees shall not adjudicate damages.
Sometimes insurance companies would like to know the results of a protest hearing if there was one to help them assign responsibility for damage.
My concern in these situations is that a less than rigorous PC might be tempted to be “flexible” about validity because they think the parties “really need a decision.”
But first, you must protest!
I might also add, just because a boat has retired and cannot be further penalized, does not mean it cannot be heard. In fact, a PC must hear all valid protests filed. True, a protest may be withdrawn, but that has to be requested by the protestor
Again in England I think the question of insurance liability and whether there's been a breach of the rules are two separate questions. They often run together but they have to be looked at with separate eyes (or brains!)
US Prescriptions to RRS 67
US Sailing prescribes that:
In the US, the kicker is (c)’s, “..a boat agrees that responsibility for damages arising from any breach of the rules shall be based on fault as determined by application of the rule….”
… and that of course is what a protest decision gets them, normally with the right to appeal that decision if they disagree.