Forcing my agreement to abide by a set of rules that I can't assure myself that my insurance company will also agree with as a precondition to play is a problem.
It would make no sense whatsoever to "play the game" by one set of rules, and assess liability for damages under a different set. When you compete, you agree that the RRS will apply. If your insurance carrier won't cover you under those conditions, find another carrier.
I am squeezed in the middle by this prescription and the existing US legal system and SOB's in the insurance industry (not to mention my own role in the screw up)!
Imagine how bad it would be if the RRS applied to racing, and the COLREGS applied for damages. You'd have two conflicting sets of rules governing right-of-way. Every time boats met, you'd have to choose between liability and disqualification.
I would eliminate the problem with a change in the RR rules that IF a serious collision occurs on the race course. BOTH boats are DSQed.
Then the two parties can take it to their insurance and settle it with professionals. This is a model familiar to everyone with car insurance.
That would be analogous to police ticketing every car involved in a collision. While it is possible for multiple boats (even all boats) involved in a collision to be disqualified, I don't think it makes sense to do so automatically. If a faster boat than yours comes up from behind and rams you (despite your best efforts to get away), do you really believe you should be disqualified?
Now, I could pay my deductible and have the additional burden of "be responsible" for the other guys' out of pocket expenses if he perceives that I am responsible under the RR of sailing "responsiblity" standard.
You have that "burden" anyway. Sports are not like driving. There is no law that requires "no-fault" insurance for sailing like there is for driving. There's going to be some rules involved (the RRS, or something else) and there will be liability for damages accordingly. I'm glad that US Sailing makes it clear that the RRS are those rules.
Regards,
Eric
