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How to File a Boat Accident Claim

Boating can be fun and thrilling, but it could quickly turn deadly if you're not cautious. Boats must adhere to strict safety guidelines to avoid injuries.

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

1. Gather Evidence

The most important thing to do following an accident on a boat is to collect evidence and get in touch with an attorney. It is also important to seek medical attention right away for any injuries that may have occurred. To prove a claim, medical documents and other evidence are required. This includes both future and present medical expenses as well as loss of earnings or earning potential, property damage and non-economic losses like suffering and pain.

Photos and video footage are helpful in preserving physical evidence at the scene of an accident. Eyewitness testimony is another vital evidence source, as it can provide crucial information about the causes of the collision that may be missed. Police and incident reports can also be used to establish a time line of what happened in the incident.

A seasoned lawyer can scrutinize the evidence and determine who are responsible for victim's injuries and related expenses. A successful negligence claim in an accident on the water usually involves multiple liable parties, including the boat operator and the owner or manufacturer of the watercraft.

A reputable attorney will handle all communication between insurance companies and victims involved in the claim for compensation of the victim. A lawyer can assist victims to avoid saying anything that could be used against them in a court of law, and can help victims obtain fair settlements for damages.

2. File a report

When a boating accident occurs the first thing you should do is ensure that everyone involved is secure. Then, you should call the local law enforcement agency and make a report of the incident. According to state laws and regulations, you might have up to 48 hours in which to file reports if the accident resulted in injury or death that requires medical treatment beyond basic first aid. In addition, you could have 10 days to file a claim in the event of more than $2,000 worth of damage or the boat is lost.

If possible, you should be at the scene to help other boats or people, without risking your own safety or that of the victim in danger. This will permit the law enforcement officer to keep track of crucial details like how the collision took place, who was onboard at the time of the crash and the reason for it.

Even well-trained and experienced boaters may be involved in accidents on the water because of negligence of another. An experienced lawyer can identify the responsible party for your injuries, and assist you seek compensation. The damages that are recoverable typically include medical expenses, property damage and financial losses. Furthermore, filing an action against the responsible party could result in monetary reimbursement for your pain and suffering, loss of quality of life, and other emotional issues that come along with the crash.

3. Check for damage

Once medical professionals have checked all injuries and ensured that everyone is secured, it is important to look at the damage to the boat. This is the time to start considering your insurance policy and what it covers.

A surveyor will be assigned your claim and will come out to assess any damage caused by the accident. He or she will compare the information you initially provided to the damage and begin calculating the value of the damage.

Most Boat Accident Law Firm accidents result from a combination of causes, and it is impossible to control all of them. If there was a manufacturing defect in the vessel, it may be possible to bring a claim of product liability against the company who manufactured the boat.

In these situations it is imperative to retain a lawyer that has experience handling boating claims as they can create an air-tight case that proves that the manufacturer is responsible for the accident.

It is important to keep in mind that different types are covered by insurance policies differently. For example, homeowners insurance will typically only cover smaller boats that have an engine with 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 safe and have visited an emergency room for any injuries. Even if you don't have a police report, you will still need to notify your insurance company. It is important to be aware of your information since insurance companies often attempt to determine who is at fault for the accident. This can decrease the amount of compensation that you receive. The NYC lawyers for boating accidents at Mirman, Markovits & Landau will do their best to disprove these claims and limit the amount of fault that you are liable for.

It is beneficial to gather as many details as you can about the other boat owners or operators involved in the accident. Included in this list are their names, addresses and phone number, as well as any insurance details. It is also helpful to keep a copy of the accident report that has been filed.

Boat accidents can be scary and cause serious injuries. They can be a source of significant medical expenses, lost wages, and damage. The responsible party have to be held accountable for the harm they have caused you. The at-fault parties and insurance companies will not give you the compensation you deserve willingly and it is therefore essential to speak with an experienced New York injury attorney as early as possible. This allows you to concentrate on improving your situation and level the playing field.