Mark,

I didn't quote your post, because it would have gotten too complicated. US Sailing's prescriptions are there to separate the function of holding a protest hearing from the function of awarding damages. In other countries (as I understand it), protest committees adjudicate damages as well as apply the rules.

In the US, there are multiple legal considerations to worry about. One is the doctrine of "assumption of risk". Under this doctrine, your voluntary participation means you accept all risk and whatever happens to you is your own fault. The US Sailing prescription explicitly revokes this doctrine.

Another determination of fault is the COLREGS. The US Sailing prescription says that the COLREGS do not apply, the Racing Rules of Sailing apply instead. So, application of the rules determines who was at fault and liability should be assessed accordingly. I realize that this can get very complicated - but the complications are not due to the Racing Rules, they are due to US tort law. There's nothing US Sailing can do about that.

Another legal doctrine is that of "deep pockets", which can really mess things up. Basically it says that whoever can pay, must pay. This one will get you. Regardless of primary fault, if you bear any responsibilty, you can wind up footing the entire bill. This is a good reason to carry insurance.

If there is contact causing damage, be sure to protest. Have a hearing. Represent yourself well. Get written documentation of the results and give that to your insurer. Then get ready for unpleasantness, as no insurance payout is ever easy.

Regards,
Eric