Hi Mike

Sorry, posts crossed in the ether... Yes, I agree with you about how misunderstood the process is by sailors.

I agree with your point about insurance doing their own thing (colregs vers RRS) If they want a police report... then the RRS are irrelevant because you are most certainly being judged under the colregs.... and you should know this when you buy the policy.

Yes... no matter how clear the US Prescriptions can be that that the PC does not decide liability issues.... sailors don't get it.

My post to Windy presents his options as I understand the system.

I don't think you can call the police for a collision on the race course after you agree to rule three of the RRS.

The standard used.... responsible under the RRS is problematic. For instance, your insurance company uses the colregs to assign liability and not the RRS. For the sake of argument, the other sailor decides that the insurance companies decision that he was 50% responsible under the colregs is unacceptable. He holds you responsible for the damage under the RRS and wants the money from you for his 50% of the judgment ....

It's going to get ugly ...

The citation you give that would suggest that the court follow the RRS and not colregs suffers because EACH STINKING STATE has their own liablity laws and laws on waivers etc.

So, again we agree... it's simply not clear and varies state to state.


IMO, the concept of "responsible" extends no further then my insurance company. Moreover, my agreement to be responsible suggests that I must purchase insurance that honors the RRS standard... choosing to purchase insurance that only covers me under colregs would be irresponsible on my part. (Your mileage may vary)