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Collision? Who is at fault?

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rs4001144 View Drop Down
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    Posted: 01 Dec 12 at 2:06pm
http://www.youtube.com/watch?v=tXqkdaMlkpk

my pov - the opi tacks and 4 seconds later, whilst out of control (heeling to leeward and pulling on the tiller), crashes into the side of us. 

the opi pushed a hole in the side of our 6 month old 400.

we were 2 minus from starting, the opi was 12 minutes from it's start

insurance say we are to blame :-(


Edited by rs4001144 - 01 Dec 12 at 2:09pm
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JimC View Drop Down
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Post Options Post Options   Quote JimC Quote  Post ReplyReply Direct Link To This Post Posted: 01 Dec 12 at 2:44pm
Straightforward port/starboard I would have thought.
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RS400atC View Drop Down
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Post Options Post Options   Quote RS400atC Quote  Post ReplyReply Direct Link To This Post Posted: 01 Dec 12 at 3:02pm
Can't see the 400 making any effort to avoid.
R23.1 Says the Opi should not have interfered with the 400, if the Opi was not racing and the 400 was.

I'm not sure what 'not interefering' means different to keeping clear, but I'd DSQ them both.
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Post Options Post Options   Quote PeterG Quote  Post ReplyReply Direct Link To This Post Posted: 01 Dec 12 at 3:15pm
I'd guess you could have protested the Opi for "interfering" after your preparatory and before theirs, though I don't know what that would have achieved. However, the Opi was clearly on Stb before the collision, so as far as the collision and insurance is concerned I'd agree with your insurers. There don't seem to be many eyes out of the 400 pre crash!
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craiggo View Drop Down
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Post Options Post Options   Quote craiggo Quote  Post ReplyReply Direct Link To This Post Posted: 01 Dec 12 at 3:16pm
I don't mean to be rude, but what the hell did you expect? Just because your in a 400 doesn't give you the right to sail around totally unimpeded. If you/your helm had actually been sailing in proper control, then you would have noticed the Oppie tacking and either luffed appropriately or tacked off. The fact you didn't is down to the fact that 1) you clearly weren't looking where you were going (helm pissing about with rudder, holding tiller in wrong hand and having no ability to control sheet angle) and 2) crew posing about standing up but clearly daydreaming.
The oppie had clearly passed head to wind and was therefore the ROW boat, you therefore failed to keep clear and therefore are responsible. The Oppie even tried desperately to bear away to avoid you, but his rudder stalled out while you carried on. It was only when a collision was unavoidable that you seem to have even noticed it happening.
I would suggest next time that you sort out any rudder issues you may have well away from other boats ie away from the starting area, and only enter the crowded starting area once you can fully concentrate on the matter at hand. I hope you also offer to pay for any damage to the Oppie?

Edited by craiggo - 01 Dec 12 at 3:17pm
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Post Options Post Options   Quote rich96 Quote  Post ReplyReply Direct Link To This Post Posted: 01 Dec 12 at 4:23pm
Originally posted by craiggo

I don't mean to be rude, but what the hell did you expect? Just because your in a 400 doesn't give you the right to sail around totally unimpeded. If you/your helm had actually been sailing in proper control, then you would have noticed the Oppie tacking and either luffed appropriately or tacked off. The fact you didn't is down to the fact that 1) you clearly weren't looking where you were going (helm pissing about with rudder, holding tiller in wrong hand and having no ability to control sheet angle) and 2) crew posing about standing up but clearly daydreaming.
The oppie had clearly passed head to wind and was therefore the ROW boat, you therefore failed to keep clear and therefore are responsible. The Oppie even tried desperately to bear away to avoid you, but his rudder stalled out while you carried on. It was only when a collision was unavoidable that you seem to have even noticed it happening.
I would suggest next time that you sort out any rudder issues you may have well away from other boats ie away from the starting area, and only enter the crowded starting area once you can fully concentrate on the matter at hand. I hope you also offer to pay for any damage to the Oppie?
 
Dont sit on the fence  - say it how you see it ! (ps agree fully)
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Post Options Post Options   Quote SoggyBadger Quote  Post ReplyReply Direct Link To This Post Posted: 01 Dec 12 at 4:32pm
100% the 400 at fault.
Best wishes from deep in the woods

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Post Options Post Options   Quote Late starter Quote  Post ReplyReply Direct Link To This Post Posted: 01 Dec 12 at 4:46pm
Originally posted by SoggyBadger

100% the 400 at fault.


+1

Sorry guys, never nice seeing damaged boats but the Opi was ROW boat (port/starboard) and was trying to bear away to avoid you. On the other hand you seemed completely oblivious to what was happening until the moment of collision. If you're port tack boat, especially around the start, you need to keep way better watch.
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Post Options Post Options   Quote mongrel Quote  Post ReplyReply Direct Link To This Post Posted: 01 Dec 12 at 4:54pm
Originally posted by craiggo

I don't mean to be rude, but what the hell did you expect? Just because your in a 400 doesn't give you the right to sail around totally unimpeded. If you/your helm had actually been sailing in proper control, then you would have noticed the Oppie tacking and either luffed appropriately or tacked off. The fact you didn't is down to the fact that 1) you clearly weren't looking where you were going (helm pissing about with rudder, holding tiller in wrong hand and having no ability to control sheet angle) and 2) crew posing about standing up but clearly daydreaming.
The oppie had clearly passed head to wind and was therefore the ROW boat, you therefore failed to keep clear and therefore are responsible. The Oppie even tried desperately to bear away to avoid you, but his rudder stalled out while you carried on. It was only when a collision was unavoidable that you seem to have even noticed it happening.
I would suggest next time that you sort out any rudder issues you may have well away from other boats ie away from the starting area, and only enter the crowded starting area once you can fully concentrate on the matter at hand. I hope you also offer to pay for any damage to the Oppie?
+1
The fact that your boat was 6 months old at the time is completely irrelevant, other than it makes you look even more of a nob for not taking more care! LOL


Edited by mongrel - 01 Dec 12 at 5:02pm
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Post Options Post Options   Quote gordon Quote  Post ReplyReply Direct Link To This Post Posted: 01 Dec 12 at 4:54pm

Gordon
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