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How to File a Boat Accident Claim

Boating can be enjoyable and thrilling, but it can quickly turn deadly if you're not cautious. Just like cars, boats need to adhere to strict safety rules to prevent injuries.

If you have been injured in a boating accident you could be entitled to compensation for your medical expenses as well as for property damage. Contact a New York boat accident lawyer to increase your odds of winning.

1. Gather Evidence

When someone is involved in an accident while on a boat the first step is to collect evidence and contact an attorney. It is also crucial to seek medical treatment immediately for any injuries that may have occurred. Medical records and other evidence is needed to prove claims for damages, including future and current medical expenses, loss of income or earning potential, property damage, and non-economic damages like pain and suffering.

Video and photographs can help preserve evidence from the scene of a boating accident. Eyewitness testimony can be an invaluable piece of evidence since it provides details about the collision that would otherwise remain unnoticed. Police and incident reports can be used to establish a timeline of what happened during the investigation.

A lawyer who is experienced is able to review the evidence and determine which parties could be accountable for the victim's injuries or losses. A successful negligence case for a boating accident usually involves multiple parties liable, including the boat operator and the owner or manufacturer of the watercraft.

A reputable lawyer can manage all communication with insurance companies that will be involved in a victim's claim to compensation. An attorney can prevent victims from revealing information that could be used against them in court, and they can also help victims obtain fair settlement offers for their damages.

2. Report a crime

The first thing to do following a boating accident is to ensure everyone is safe. Then, you should contact local law enforcement agencies and complete a report on the incident. Based on the state's laws and regulations, you may be given 48 hours to submit an official report if the incident results in death or injury that requires medical attention above basic first aid. Additionally, you may be given 10 days to file a claim in the event of more than $2,000 worth of damage or if the boat is destroyed.

You should also be at the site of the accident and assist other boats or individuals when possible without endangering your safety or that of the victims. This will enable police officers to take note of important details, like the circumstances of the accident and who was on the boat at the time of the crash, and what it caused.

Unfortunately, even highly trained and experienced boaters can be involved in accidents on the water because of the negligence of someone else. An experienced attorney can pinpoint the person who was negligent in causing your damages, and help you pursue compensation. Recoverable damages typically include your medical expenses, property damage, and financial losses. Furthermore, filing an action against the responsible person could result in monetary compensation for your pain, suffering, as well as loss of quality of life, and other emotional traumas that are associated with the crash.

3. Inspect the Damages

After medical professionals have evaluated all injuries and ensured that everyone is in a safe location it is crucial to look at the damage to the boat. Now is the time to start thinking about your insurance policy.

A surveyor will be assigned to your claim and will go out to assess the damage caused by the accident. He or she will compare what you originally reported with the damage and start figuring out the value of the damages.

Most boat accidents are the result of a mix of factors which means it's impossible to control all of them. If there was a defect in the boat, you may be legally able to file a lawsuit for product liability against the manufacturer who produced the boat.

In these cases it is imperative to retain a lawyer that has experience in handling boating claims because they can build an air-tight defense that proves that the manufacturer is responsible for the accident.

It is important to remember that various types of boats are governed differently by insurance policies. Homeowners insurance, for example, will usually only cover small boats with engines less than 50 HP. This means that airboats, jet skis as well as larger vessels will not be covered by homeowner's insurance.

4. Contact an attorney

Inform your insurance company immediately after you feel secure and have visited the doctor for any injuries. You will likely need to notify them even if no police report is filed. You should be careful when supplying information to insurance companies as they may try to blame someone else for an accident. This could reduce the amount of compensation you are given. The NYC lawyers for boating accidents at Mirman Markovits & Landau work hard to disprove and limit these claims.

If you're able to you, it's a good idea to gather information about the other boat operators or owners involved in the accident. Included in this information is their address, name, and telephone number along with any insurance information. It is also beneficial to have a copy the boating accident report which is filed.

Boat accidents can be terrifying and can result in serious injuries. They can be a source of significant medical costs, lost wages, and even damages. The parties responsible should be held accountable for the harm they caused you. The at-fault parties as well as insurance companies will not provide you with the compensation you deserve, so it is important to consult a seasoned New York injury attorney as soon as you can. This will help even the playing field and allow you to focus on getting well.