atv223 wrote:
I'm fairly certain that fundamental basic right of way is international boating law - the vessel with the greater ability to maneuver must give way to the vessel with the lesser ability to maneuver. With both a sailboat and a powerboat underway, unless there were mitigating circumstances that prevented the powerboat from maneuvering ie. a large vessel in a narrow channel, the powerboat must give way.
You may read about this in more detail here, but you can also find it pretty much anywhere boating rules are discussed.
https://www.boatus.org/study-guide/navigation/rules/From that website directlyThe Pecking OrderThere is a "pecking order" that can be used as a simplified memory aid to determine right of way for vessels of different types. Get very familiar with this list, as it is important to understand it thoroughly. The lower most vessel on the list is the give way vessel, and must stay out of the way of vessels that are higher on the list.
Overtaken vessel (top priority)
Vessels not under command
Vessels restricted in their ability to maneuver
Vessels constrained by draft
Fishing vessels engaged in fishing, with gear deployed
Sailing vessels
Power driven vessels
Chekika wrote:
PS There is the salient comment, "He was right, dead right" regarding right-of-way.
Regarding this comment, I never said you should blindly trust right of way rules and ignore a powerboat bearing down on you nor did I even imply that. I brought this up in opposition to your justification to have liability insurance, to protect yourself from a powerboat swerving around you, crashing and suing you. I won't cross a road in a pedestrian crosswalk if a car is speeding along and not paying attention, but I also won't add a rider on my insurance in case this person swerves to avoid me and wrecks their car, they have no legal basis to sue me.
OMG, this is getting
way off the topic. This is
not a discussion of who has the right of way in any given situation, it's a discussion of having insurance or not. You have to be extremely careful in internet forum discussions, say one wrong word and the topic goes right off the rails.
My point was that accidents can and do happen on the water and even a small plastic sailboat could be liable. The swerving example was nothing more than one (poor) example, but yes that too could happen if you're perhaps in the wrong place like in someone else's right of way in a constricted area. The point is that
something can happen on the water in which you can be liable and it could cost you tens of thousands, hundreds of thousands, and even millions of dollars if a fatality is involved. Is it likely, no. Is it possible, yes. It's up to you to decide if a couple hundred dollars is worth protecting your life savings. For me this is a no brainer.