How to File a Boat Accident Claim
Boating can be exciting and enjoyable, however if you are not careful it could turn dangerous. Boats must also adhere to strict safety regulations to prevent injuries.
If you’ve suffered injuries in an accident on the water, you may be eligible to receive compensation for medical expenses as well as property damage. Contact a New York boat accident lawyer to increase your chances of winning.
1. Gather Evidence
When someone experiences an accident while boating the first step is to gather evidence and then contact an attorney. It is also important to seek medical treatment immediately for any injuries that might have occurred. Medical records and other proof are needed to prove a claim for damages including future and current medical expenses as well as loss of income or earning potential, property damage, and other non-economic damages such as pain and suffering.
Video and photos are valuable in preserving physical evidence at the scene of an accident. Eyewitness testimony can be a valuable piece of evidence since it can provide details about the accident that might otherwise be overlooked. You could also rely on police reports and incident reports to establish a time line.
A knowledgeable lawyer will review the evidence and determine which parties could be responsible for victim’s injuries and related expenses. A boating accident negligence claim typically involves multiple parties including the driver of the boat accident attorney and the owner or manufacture of the watercraft.
A trusted lawyer can manage all communications with insurance companies that are involved in a victim’s claim for compensation. A lawyer can assist victims not say anything that could be used against them in a court of law, and can assist victims in obtaining fair settlements for damages.
2. Report a crime
The first step after a boating incident is to ensure everyone is secure. Then, you should contact the local law enforcement agency and complete a report on the incident. In accordance with the state laws and regulations you may only have 48 hours to make an account in the event of serious injury or death that requires medical attention beyond basic first aid. You could also have ten days to file a claim in the event of more than $2,000 of damage or the boat is damaged.
You should also stay at the scene of the accident and assist other boats or people if you can, without putting at risk your own safety or that of the victims. This will allow the law enforcement officer to record important information like how the accident occurred and who was onboard at the time of the crash and the cause.
Unfortunately, even highly trained and experienced boaters may be involved in accidents on the water due to someone else’s negligence. A skilled attorney can identify the person who was negligent in causing your injuries, and assist you seek compensation. Property damage, boat accident Lawyer medical expenses and financial losses are all recoverable damages. A lawsuit against the responsible party could also result into monetary compensation for your discomfort and pain and loss of quality of life, and emotional trauma caused by the accident.
3. Check for damage
After medical professionals have evaluated everyone’s injuries and they are in a safe location it is crucial to look at the damage to the boat. You must now begin thinking about your insurance policy.
A surveyor will be assigned to your claim. They will come out to assess the damage caused by the accident. The surveyor will assess the damage to what was originally reported by you and will then begin to figure out what the damages could be worth.
Most boat accidents are the result of a mix of causes and it’s not always possible to control all of them. However, if there was a defect by the manufacturer on the boat itself it might be possible to file a product liability claim against the company that manufactured the boat.
In these instances it is imperative to find a lawyer who has experience handling boating claims because they can build an air-tight defense that proves that the manufacturer was accountable for the accident.
It is important to remember that different types of boats are covered by different insurance policies. For example homeowners insurance is typically only cover smaller boats with 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
As soon as you are secured and have seen an expert medical professional for injuries, make sure to inform your insurance company. Even if there is no police report, you will still need to notify your insurance company. It is important to be aware of your personal information because insurance companies often try and assign blame for the incident. This could reduce the amount of compensation you receive. The NYC boating accident lawyers at Mirman Markovits & Landau work hard to challenge and limit these claims.
It is beneficial to gather as many details as you can about the other boat owners or operators involved in the incident. This includes their address, name, phone number and insurance information. It is also useful to keep a copy of the accident report that has been filed.
Boat accidents can be scary and can cause serious injuries. They can lead to significant medical expenses loss of wages, and other damage. The parties responsible must be held accountable for the harm they have caused you. You won’t be able to receive the amount you are due if you don’t speak with an experienced New York injury lawyer as soon as you can. This will allow you to focus on improving your situation and level the playing field.