How to File a Boat Accident Claim
Boating can be enjoyable and thrilling, but it can quickly turn deadly if not careful. Boats must also follow strict safety guidelines to avoid injuries.
If you have been injured in a boating incident, you may be entitled to compensation for your medical bills and property damage. To increase your chances of winning, contact a qualified New York boat accident attorney.
1. Gather Evidence
The most important thing to do following an accident on the water is to gather evidence and contact an attorney. It is also important to seek medical attention immediately for any injuries that may have occurred. To support a claim medical records and other evidence is required. This includes current and future medical expenses, loss of earnings or earning potential, damage to property, and non-economic damages like suffering and pain.
Photos and video footage are valuable in preserving physical evidence at the scene of an accident. Eyewitness testimony can be an invaluable evidence source since it can provide details about the incident that could otherwise be ignored. You can also use police and incident reports to establish a time line.
A lawyer who is experienced can scrutinize the evidence to determine who is responsible for the victim’s injuries or losses. A boating accident negligence claim typically involves multiple parties including the boat’s driver as well as the manufacturer or owner of the watercraft.
A reputable attorney can handle all communication between the insurance company and the victim 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 the court of law, and can also aid victims in obtaining fair settlement offers for damages.
2. Report a crime
The first step after a boating incident is to make sure everyone is secure. You should then contact the local police and file a report. According to state laws and regulations, you might have 48 hours to file a report if the accident causes injury or death that requires medical attention above basic first aid. You could also get 10 days to file if incapable of finding the boat or if the incident results in more than $2,000 worth of damage.
If you are able, remain at the scene of the accident to help other boats or individuals without putting your safety or the safety of the victim in danger. This will allow the law enforcement officer to note important details such as how the accident happened and who was onboard at the time of the crash and what caused it.
Even well-trained and experienced boaters could be involved in an accident on the water because of someone else’s negligence. A skilled attorney will assist you in identifying the negligent party who caused your damages and pursue compensation. The damages that are recoverable typically include medical expenses, property damage, and financial losses. Moreover, filing an action against the accountable person could result in monetary reimbursement for your pain and suffering, as well as loss of quality of life and other emotional issues that come along with the crash.
3. Check for damage
Once medical professionals have assessed everyone’s injuries and they are in a safe location it is crucial to look at the damage to the boat. This is the time to start thinking about your insurance policy and what it will cover.
A surveyor will be assigned to your claim and will come out to examine the damage caused by the accident. The surveyor will assess the damage to what was originally stated by you. They will then start figuring out how much the damage could be worth.
Most boat accidents are caused by a combination of factors which means it’s not always possible to control all of them. However, if there was a manufacturing defect in the vessel it is possible to make a claim for product liability against the company that manufactured the boat.
In these instances it is crucial to have a lawyer who has experience in handling boating claims because they are able to create an airtight case to prove that the manufacturer was responsible for the accident.
It is important to keep in mind that different types are covered by different insurance policies. For instance, homeowner’s insurance, which covers home owners, will usually only cover small boats with engines below 50 HP. This means that jet skis, airboats and larger vessels will not be covered by homeowner’s insurance.
4. Contact an attorney
Once you’re secured and have seen a medical professional regarding injuries, you must notify your insurance company. Even if there’s no police report, you’ll have to notify your insurance company. Be careful when you give details to insurance companies, since they often try to determine who is responsible for an accident. This could limit the amount of compensation you are awarded. The NYC lawyer for boating accidents at Mirman, Markovits & Landau will be determined to prove these claims and limit the amount of fault given to you.
If you’re able, it is a good idea to get information from the other boat owners or operators who were involved in the crash. Included in this data are their names, addresses and phone number, as well as any insurance information. It is also beneficial to keep a copy of the accident report that has been filed.
boat accident law firms accidents can be terrifying and cause serious injuries. They can be a source of significant medical costs, lost earnings and damages. Those who are responsible should be held accountable for the harm they have caused you. You won’t get the compensation you deserve if you don’t seek out an experienced New York injury lawyer as quickly as is possible. This will help level the playing field and allow you to focus on getting well.