How to File a Boat Accident Claim
Boating can be thrilling and fun, but when you’re not careful it could turn dangerous. Boats must adhere to strict safety guidelines to avoid injuries.
If you have been injured in a boating incident, you may be entitled to compensation for medical expenses and property damage. To increase your chances of success seek out a skilled New York boat accident attorney.
1. Gather Evidence
When someone experiences an accident while on a sierra vista boat accident law firm the first step is to gather evidence and speak with an attorney. You should also seek medical treatment immediately for any injuries. Medical records and other proof are needed to prove the claim for damages such as future and present medical expenses in addition to loss of income earning potential, property damage, and other non-economic damages such as pain and suffering.
Photos and video footage can help preserve physical evidence from the scene of a boating incident. Eyewitness testimony can be an invaluable piece of evidence as it provides details about the incident that could otherwise be ignored. Police and incident reports can be used to determine the timeline of events that occurred in the case.
A seasoned lawyer can scrutinize the evidence and determine who could be responsible for victim’s injuries and other expenses. A successful negligence case for a boating accident typically involves multiple parties liable, which includes the boat’s operator and the owner or manufacturer of the watercraft.
A reputable attorney can handle all communication between victims and insurance providers involved in the claim for compensation of the victim. An attorney can impede victims from revealing information that could be used against them in court. Additionally, they can also assist victims to receive fair settlement offers for their damages.
2. File a report
The first thing you should do after a boating incident is to ensure everyone is safe. Then, you must contact local law enforcement and make a report of the incident. Depending on state laws and regulations, you could have up to 48 hours in which to file an incident report if the accident causes injury or death that requires medical attention above basic first aid. Additionally, you may be given ten days to file a claim if the accident causes more than $2,000 worth of damage or if the boat gets lost.
You should also remain at the site of the accident and assist other boats or individuals when feasible without risking your own safety or that of the victims. This will allow the law enforcement officer to record important information such as how the accident happened and who was on board at the time of the collision, and what caused it.
However, even the most well-trained and experienced boaters may be involved in water-related accidents because of someone else’s negligence. A skilled attorney will assist you in identifying the negligent party that caused your damages and pursue compensation. Damages that can be recovered typically include medical expenses, property damage and financial losses. A lawsuit against the responsible party could also result in financial compensation for your discomfort and pain, loss of quality life, and emotional stress due to the incident.
3. Examine the damages
After medical professionals have examined all injuries and found that everyone is in a safe location it is crucial to take a good look at the damage to the boat. This is when you start contemplating your insurance policy and what it will cover.
A surveyor will be assigned to your claim. They will come out to examine the damage caused by the accident. He or she will compare the damage with the ones originally reported by you and will then begin to figure out the amount of damage that could be worth.
It is impossible to control every element that causes a boat accident. However, if there was a manufacturer defect in the vessel itself, it may be possible to make a claim for product liability against the company that manufactured the boat.
In these instances you require an attorney who has experience in boating claims. They can put together a strong case to prove that the manufacturer is responsible for the accident.
It is also important to remember that various kinds of boats are governed differently by insurance policies. For instance, homeowner’s insurance, which covers home owners, will usually only cover small boats with engines less than 50 HP. Homeowner’s insurance will not cover jet skis, larger vessels, or airboats.
4. Contact an attorney
As soon as you are safe and have seen an medical professional for injuries, make sure to inform your insurance company. Even if you don’t have a police report, you will have to notify your insurance company. Be cautious when providing information to insurance companies, Vimeo.Com as they may attempt to determine who is responsible for an accident. This can decrease the amount of compensation you receive. The NYC boating accident attorneys at Mirman, Markovits & Landau will be determined to prove these claims and reduce the amount of fault attributable to you.
If you can to, it’s a good idea to collect information about the other boat operators or owners involved in the accident. This includes their name, address telephone number, and insurance details. It is also beneficial to keep a copy of the accident report filed.
Boat accidents can be scary and may cause serious injuries. They can be a source of significant medical costs, lost wages, and damage. The responsible parties should be held accountable for any harm that they cause. The at-fault parties and insurance companies are not likely to give you the amount you are due and it is therefore essential to speak with an experienced New York injury attorney as soon as you can. This will help level the playing field and allow you to concentrate on healing.