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Collision while racing: does the disclaimer in the notice of race apply?
Short answer
The disclaimer in the notice of race normally protects the organising club, not competitors from each other. After a collision while racing, who pays for the damage to the other boat is still a question of liability, and that is for the liability insurers.
A collision while racing happens fast: at the windward mark, on the start line, in a crowded downwind leg under spinnaker. Afterwards someone usually quotes the notice of race, which says that competitors take part at their own risk and the organiser accepts no liability. Many sailors take that to mean nobody pays for damage on the course. It does not. The disclaimer normally deals with the relationship between competitors and the organising authority, for example mistakes by the race committee. Two boats that hit each other have their own relationship, and the disclaimer does not settle it.
Between competitors the general law of the country applies. The racing rules say who has right of way, and the protest committee decides who broke a rule. It does not award damages, but its decision carries real weight when liability is argued. Courts in different countries take different views on whether racing sailors accept each other's risks, so it is unwise to rely on that. Many notices of race therefore require proof of third party liability insurance. The liability insurer of the boat at fault looks at who was responsible, defends claims that are unfounded and settles those that are justified.
After a collision while racing, protest properly and in time if you were in the right, and keep the decision. Photograph both boats, note position, course, wind and witnesses, and exchange names and insurance details with the other crew. Do not accept blame on the pontoon; report the incident to your insurer instead, both for the other boat and for your own. Whether damage to your own boat on the race course is covered depends on the wording, so read how your policy treats racing before the season starts. With us, collision is an accident event from Basis Plus; Basis excludes regattas, Basis Plus covers club regattas and Premium also open competitions.
Worth remembering
Notice of race
normally protects the organising club
Liability
decides who pays for the other boat
At your own risk does not mean at the other boat's expense: liability between boats remains.
Questions
What owners ask us about this
Who does the disclaimer in the notice of race protect?
Normally the organising club and the race committee. Claims between competitors after a collision while racing are usually outside it, and the general law of the country will apply.
Does the protest committee decide on damages?
No. It decides who broke the racing rules. That decision still carries real weight when the liability insurer of the boat at fault looks at who is responsible.
What should I do straight after a collision on the course?
Protest properly if you were in the right, photograph the damage, note witnesses and exchange names and insurance details. Do not accept blame on the spot; report it to your insurer.
Related
Not sure whether you qualify?
Whether it is “Collision while racing: does the disclaimer in the notice of race apply?” or another question: send us your residence and the flag your boat flies. You will get a straight answer in one email; including a no, if that is the answer.
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