Rules and Insurance

So, this is a difficult one for me. I was on a friend's boat helming in the Round The Island Race last Saturday. It was a lovely day with sunshine and building breeze all day. We were having a great race and about 90 minutes from the finish short tacking off Ride Sands when we were hit by a port tack boat (we were on starboard). It was particularly hard/violent and a straight t-bone about 4 feet from the stern. 2 foot hole, lost most of the hardware on the port side and the wheel I was holding. Unfortunately I was quite badly injured (multiple head lacerations, broken shoulder, broken rib), necessitating being lifted off by the RNLI to go to hospital. They were wonderful.

The RYA is the place to go for sailing legal advice, as Jim says. They are experts, we are not!

I wouldn't lose faith with sailing or fellow sailors, this is by far the worst event I have heard about.

Originally posted by SortaAcat So, this is a difficult one for me. I was on a friend's boat helming in the Round The Island Race last Saturday. It was a lovely day with sunshine and building breeze all day. We were having a great race and about 90 minutes from the finish short tacking off Ride Sands when we were hit by a port tack boat (we were on starboard). It was particularly hard/violent and a straight t-bone about 4 feet from the stern. 2 foot hole, lost most of the hardware on the port side and the wheel I was holding. Unfortunately I was quite badly injured (multiple head lacerations, broken shoulder, broken rib), necessitating being lifted off by the RNLI to go to hospital. They were wonderful. Far more worryingly, the boat who hit us, did not stop. They did not make any attempt to render assistance or even ask if we were OK. In fact, they went on to finish the race and hand in their declaration! While I was being triaged in hospital, my crew mates logged a protest. Their skipper did not admit culpability at that time and was subsequently disqualified by the PC.  While the insurance companies figure out what to do, I am stuck with what to do myself. I love my sport and the fact that we are self policing. Is it a Rule 2, a Rule 69, obviously a Rule 10 & 14. This event has shaken that belief to the very core. I have several months of recovery ahead of me and likely lost work and expenses. Thankfully a full recovery is likely.  How does a Protest Committee ruling impact an insurance decision of culpability? What would you do?

we have just ben through a long winded insurance process during a race. 
from one side a simple port starboard from the other failing to keep clear same tack.
There was no protest (although both boats shouted protest) they were both dropped, one boat did turns but admitted no liability.
the basic rule is that in insurance costs the two insurance companies will use whatever leverage they have, a protest result might have some bearing on the result, as do colregs. the simple matter is that liability is down to who has better solicitors, more evidence, more witnesses.
the out come of ours? the claim was split roughly 80/20 (in favour of same tack) basically my version V's their's.
Was interesting that quite a big claim the rrs were relevant but not the 'b' all ...