How to File a Boat Accident Claim
Boating is often fun and thrilling, but it can quickly turn deadly if not cautious. Boats must adhere to strict safety guidelines to avoid injuries.
If you've been injured in a boating incident, you may be entitled to compensation for your medical expenses as well as for property damage. Contact a New York boat accident lawyer (
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1. Gather Evidence
The most important thing you can do following an accident on a boat is to gather evidence and speak with a lawyer. It is also essential to seek medical attention as soon as possible in the event of any injuries that could have occurred. Medical documents and other evidence are required to prove the claim for damages such as future and present medical costs in addition to loss of income earning potential, property damage and other non-economic damages such as pain and suffering.
Video and photographs can be useful in preserving evidence from the scene of an accident. Eyewitness testimony is an additional important piece of evidence, as it can provide crucial information about the reason for the collision that may be missed. Police and incident reports can also be used to determine the timeline of what happened in the case.
A seasoned lawyer can scrutinize the evidence and determine which parties might be liable for a victim's injuries and other expenses. A boating accident negligence case usually involves multiple parties, including the driver of the boat and the manufacturer or owner of the watercraft.
A reputable lawyer will manage all communication with insurance companies that will be involved in a victim's claim to compensation. A lawyer can assist victims avoid saying anything that can be used against them in a court of law and can help victims obtain fair settlements for damages.
2. Make a Report
The first thing you should do after a boating incident is to make sure everyone is secure. Then, you should contact the local police department and file a formal report. In accordance with the state laws and regulations, you might only have 48 hours to file reports in the event of death or serious injury that requires medical attention beyond basic first aid. In addition, you could have 10 days to file a report in the event that the accident causes more than $2,000 in damages or the boat is damaged.
It is also recommended that you remain at the site of the accident to help other boats or people if you can, without putting at risk your safety or that of the victims. This will let the law enforcement officer to record important details, such as what caused the accident and who was on board at the time of the crash and the reason for the crash.
Unfortunately, even highly trained and experienced boaters may be involved in water-related accidents because of someone else's negligence. A knowledgeable lawyer can help you identify the negligent party that caused your injuries and seek compensation. Property damage, medical expenses and financial losses are all recoverable damages. Additionally, bringing an action against the responsible 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. Examine the damages
Once medical professionals have assessed everyone's injuries and they are in a safe area, it is important to look at the damage to the boat. It is now time to think about your insurance policy.
A surveyor will be assigned to your claim and come out to inspect any damage caused by the accident. He or she will compare what you initially reported to the damage and begin calculating the value of the damages.
Most boat accidents are the result of a mix of causes, and it is impossible to control all of them. However, if there was a defect by the manufacturer on the boat itself, it may be possible to make a claim for product liability against the company that manufactured the
boat accident lawsuit.
In these instances, you need a lawyer with experience in boating claims. They can create a strong case that proves the manufacturer was responsible for the accident.
It is important to remember that different types of boats are covered by insurance policies in different ways. For example homeowners insurance will usually only cover smaller boats with an engine with less than 50 HP. The homeowner's insurance policy does not cover jet skis, larger vessels or airboats.
4. Contact an attorney
When you are secured and have seen a medical professional regarding injuries, ensure that you notify your insurance company. You'll likely have to do so even in the absence of a police report filed. It is crucial to be aware of your information because insurance companies are often trying to try and determine who is responsible for the accident. This could decrease the amount of compensation that you receive. The NYC lawyers who handle boating accidents at Mirman, Markovits & Landau will work hard to disprove these claims and limit the amount of fault assigned to you.
If you're able you, it's a good idea to collect information about the other boat owners or operators involved in the accident. Included in this data are the names, addresses and phone number and any insurance information. It is also helpful to have a copy of the report of a boating accident which is filed.
Boat accidents can be terrifying and can result in serious injuries. They can result in massive medical expenses, loss of wages and damages. The parties responsible must be held accountable for the harm they caused you. You won't be able to receive the compensation you deserve if you don't speak with an experienced New York injury lawyer as quickly as is possible. This will allow you to focus on improving and leveling the playing field.