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In irons |
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Brass
Really should get out more Joined: 24 Mar 08 Location: Australia Online Status: Offline Posts: 1146 |
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Topic: In irons Posted: 18 Mar 15 at 10:45pm |
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If it comes to an insurance claim or litigation, it demonstrates that no boat can claim to be blameless, hence apportionment should be the expected outcome.
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Post Options Quote Reply Posted: 18 Mar 15 at 10:57pm | ||||
If the insurance companies use colregs, I would have thought they would have expected a port tack boat to keep better lookout in a busy piece of water. Not looking where you are going, especially when you don't have right of way, is not a good excuse under colregs!
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Brass
Really should get out more Joined: 24 Mar 08 Location: Australia Online Status: Offline Posts: 1146 |
Post Options Quote Reply Posted: 18 Mar 15 at 11:19pm | ||||
It might matter a bit more if it was a close hook-up overlap, or a mark-room incident, where the COLREGS obligations are very different from the RRS ones.
In this particular case the same fault lies against each boat, whether applying COLREGS or RRS.
Both boats were at fault so apportionment was going to be the appropriate way of dealing with damages. Apportionment is not something that arises from COLREGS rather than RRS. Neither RRS NOR COLREGS deal with liability for damages. That is dealt with by other international maritime conventions and statute and common law.
Not exactly right in RRS terms. Taking a turns or scoring penalty under rule 44 does NOT 'exonerate' a boat for breaking a rule. All it means is that, being an 'applicable penalty', if a protest hearing concludes that the boat broke a rule, she shall not be further penalised, as provided by rule 64.1( b ). She still broke the rule. A boat can only be exonerated for breaking a rule if
Quite possibly. Although for a GBP 2,000 boating accident the deciding factor will probably be what ever was in the tiny brain of the overworked, underpaid, pimply faced 20 year old insurance clerk that was handling the claim. For a 2,000 quid claim you're not going to get the finest legal minds in the industry.
Regardless of what the insurance company told you, the RRS were applicable. As it happened, applying the COLREGS instead of the RRS made no difference. As for insurance, you are covered for what you are covered for: read your policy and think about engaging a reputable and experienced broker.
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sargesail
Really should get out more Joined: 14 Jan 06 Location: United Kingdom Online Status: Offline Posts: 1459 |
Post Options Quote Reply Posted: 19 Mar 15 at 7:55am | ||||
Brass - precisely. That's the nail in the coffin for me as far as Towergate are concerned.
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