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JimC View Drop Down
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    Posted: 10 Mar 15 at 6:21pm
Originally posted by fudheid

 took action on colregs and who was to blame for the damage not who is to blame under the RRS.in a port starboard collision the costs were split as the RoW boat chose to make contact i.e took no avoiding action.....


Are you absolutely sure about that in detail? That would be an odd thing to do since legally colregs don't apply in a race held under RRS.

I can easily imagine insurance companies choosing to split the costs - indeed I'd expect it, but in the case of a P/S where starboard chose to make contact I'd expect both boats to be found at fault and DSQ under RRS anyway.

Edited by JimC - 10 Mar 15 at 10:10pm
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Post Options Post Options   Quote Rupert Quote  Post ReplyReply Direct Link To This Post Posted: 10 Mar 15 at 10:03pm
I think that those who think drumming up witnesses long after a bump on the water between 2 other boats, when they were busy with their own races, and getting a clear idea of what actually happened in enough detail to satisfy a small claims court, are probably going to be very disappointed. Hard enough to get a clear account half an hour later when the race ends.
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Post Options Post Options   Quote fudheid Quote  Post ReplyReply Direct Link To This Post Posted: 17 Mar 15 at 1:36pm
Originally posted by JimC

Originally posted by fudheid

 took action on colregs and who was to blame for the damage not who is to blame under the RRS.in a port starboard collision the costs were split as the RoW boat chose to make contact i.e took no avoiding action.....


Are you absolutely sure about that in detail? That would be an odd thing to do since legally colregs don't apply in a race held under RRS.

I can easily imagine insurance companies choosing to split the costs - indeed I'd expect it, but in the case of a P/S where starboard chose to make contact I'd expect both boats to be found at fault and DSQ under RRS anyway.

Absolutely. We had a protest commitee which found fault with port and were dsq'd. However the insurance companies  - towergate from our side; did not ask for the protest committee hearings. 
they asked for witness statements etc. but had no regard for the RRS. 
The actual split was 60/40 i think in favouir of the starboard boat. they were not happy as they did not get a full pay out.


Edited by fudheid - 17 Mar 15 at 1:38pm
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Post Options Post Options   Quote sargesail Quote  Post ReplyReply Direct Link To This Post Posted: 17 Mar 15 at 1:44pm
Another reason I shall not be renewing with Towergate then.
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Post Options Post Options   Quote fudheid Quote  Post ReplyReply Direct Link To This Post Posted: 17 Mar 15 at 2:46pm
Originally posted by sargesail

Another reason I shall not be renewing with Towergate then.

 
why? in insurance terms they did an excellent job. they got the best result for their client. Admittedly if i was the starboard tack boat i would like to think the the port tack boat was 100% liable; but the damage done in insurance terms showed that not enough avoicding action was taken by the starboard boat.
both boats were at fault for the collision - the port yacht in insurance terms for not keeping a proper watch for port tack boats and the starboard boat for not taking avoiding action.
seems a pretty good result. 
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Post Options Post Options   Quote sargesail Quote  Post ReplyReply Direct Link To This Post Posted: 17 Mar 15 at 8:19pm
Originally posted by fudheid

Originally posted by JimC

Originally posted by fudheid

 took action on colregs and who was to blame for the damage not who is to blame under the RRS.in a port starboard collision the costs were split as the RoW boat chose to make contact i.e took no avoiding action.....


Are you absolutely sure about that in detail? That would be an odd thing to do since legally colregs don't apply in a race held under RRS.

I can easily imagine insurance companies choosing to split the costs - indeed I'd expect it, but in the case of a P/S where starboard chose to make contact I'd expect both boats to be found at fault and DSQ under RRS anyway.

Absolutely. We had a protest commitee which found fault with port and were dsq'd. However the insurance companies  - towergate from our side; did not ask for the protest committee hearings. 
they asked for witness statements etc. but had no regard for the RRS. 
The actual split was 60/40 i think in favouir of the starboard boat. they were not happy as they did not get a full pay out.

Because they weren't interested in the Protest result.  I don't want to operate to 2 sets of rules.  Nor do I want the additional hassle of witness statements on top of the Protest Hearing.
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Post Options Post Options   Quote JimC Quote  Post ReplyReply Direct Link To This Post Posted: 17 Mar 15 at 8:28pm
Originally posted by sargesail

Because they weren't interested in the Protest result.  I don't want to operate to 2 sets of rules.  Nor do I want the additional hassle of witness statements on top of the Protest Hearing.


**If** what was stated is correct, and they attempted to apply Colregs to a racing incident, you've got to wonder what else they are ignorant of and how that ignorance will come and bite you.

Mind you if the original description of the incident is correct it also sounds as if the PC fouled up by not DSQing both parties...

Which BTW makes me think mention of colregs is a misunderstanding,and ports insurance instigated extra witnesses to establish that stb did not take avoiding action as required by RRS, hence split blame.

Edited by JimC - 17 Mar 15 at 9:04pm
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Post Options Post Options   Quote sargesail Quote  Post ReplyReply Direct Link To This Post Posted: 17 Mar 15 at 9:02pm
Originally posted by JimC

Originally posted by sargesail

Because they weren't interested in the Protest result.  I don't want to operate to 2 sets of rules.  Nor do I want the additional hassle of witness statements on top of the Protest Hearing.


**If** what was stated is correct, and they attempted to apply Colregs to a racing incident, you've got to wonder what else they are ignorant of and how that ignorance will come and bite you.

Mind you if the original description of the incident is correct it also sounds as if the PC fouled up by not DSQing both parties...

Which BTW makes me think mention of colregs is a misunderstanding,and ports insurance instigated extra witnesses to establish that stb did not take avoiding action as required by RRS, hence split blame.

Yes - and I tend to think it ignorance as far as Towergate are concerned having just spent too long on the phone, talking to someone who clearly had no idea about dinghy sailing.  Nice line in telephone only renewals at a significant premium above the online quote and with a 50% hike in the excess.  Back to Noble it is.
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Post Options Post Options   Quote fudheid Quote  Post ReplyReply Direct Link To This Post Posted: 17 Mar 15 at 9:27pm
Why the disbelief?
Two yachts collide in open water a claim is made. The RRS have no hold over collision damage in an insurance claim is what we were told; Thankfully as we were the port Yacht. No extra witnesses two boats and damage report. Maybe we had a better understanding of what the insurance company were looking for older and wiser? (Err no, better insured as it turned out)
When two boats sustain damage,then it is colregs and not Rrs. We were found at fault for not having a proper watch and not avoiding a Row yacht. The starboard tacker was found partially guilty for not taking avoiding action.
They were not interested in what mark we rounded or where we were on the race course but why two boats collided and who was at Fault. The protest hearing notes were never asked for by any insurance party, so strike out bishop and skinner of i remember right.

The Row yacht was not happy because he thought he could prove a point and claim full recompense. Unfortunately he made the decision to not take avoiding action. He had clear line of sight and still maintained course.
In insurance terms it is a split cost. In Rrs we were wrong, we did our turns bought beer in the bar and left the insurance companies to deal with the sh*tp fight.
I see no issues with any of that.
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Post Options Post Options   Quote sargesail Quote  Post ReplyReply Direct Link To This Post Posted: 17 Mar 15 at 10:03pm
Originally posted by fudheid

Why the disbelief?
Two yachts collide in open water a claim is made. The RRS have no hold over collision damage in an insurance claim is what we were told; Thankfully as we were the port Yacht. No extra witnesses two boats and damage report. Maybe we had a better understanding of what the insurance company were looking for older and wiser? (Err no, better insured as it turned out)
When two boats sustain damage,then it is colregs and not Rrs. We were found at fault for not having a proper watch and not avoiding a Row yacht. The starboard tacker was found partially guilty for not taking avoiding action.
They were not interested in what mark we rounded or where we were on the race course but why two boats collided and who was at Fault. The protest hearing notes were never asked for by any insurance party, so strike out bishop and skinner of i remember right.

The Row yacht was not happy because he thought he could prove a point and claim full recompense. Unfortunately he made the decision to not take avoiding action. He had clear line of sight and still maintained course.
In insurance terms it is a split cost. In Rrs we were wrong, we did our turns bought beer in the bar and left the insurance companies to deal with the sh*tp fight.
I see no issues with any of that.

No disbelief - quite the reverse, given the level of service and understanding I have seen recently.  

Of course as Jim C points out if the Stand-on (if we're talking Colregs) didn't take action to avoid a collision then he should also have been DSQ under the RRS, but PCs tend to have a Port/Starboard blindspot don't they.

Now I'm not for one moment suggesting that knowing that an insurance company would look at Colregs rather than Protest findings would make the tiniest difference to where I put my boat on the water.  But I'd be happier if they were RRS focussed after the fact.  And I certainly wouldn't want the faff of other witness statements.
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