What to Do After a Boat Accident

Boating accidents include collisions, groundings, falls overboard, propeller injuries and accidents involving personal watercraft. The rules for reporting and claims differ from car crashes.

Immediately after

1. Check everyone on board and account for anyone in the water.
2. Call for help on VHF channel 16 or 911, and give your location.
3. Help others if you can do so safely; operators involved in an accident must give aid.
4. Exchange names, addresses, boat registration numbers and insurance information.
5. Photograph the boats, damage, injuries and conditions.
6. Get witness contacts, including other boaters.

When you must file a report

Federal rules require the operator to file a written report with state boating authorities when an accident results in (33 CFR 173.55):

• A death
• A person disappearing under circumstances indicating death or injury
• An injury needing medical treatment beyond first aid
• Damage to vessels and property totaling $2,000 or more, or the complete loss of a vessel

Reports are due within 48 hours if someone dies within 24 hours, disappears, or needs treatment beyond first aid; other reports are due within 10 days (33 CFR 173.55). States may have stricter rules.

Who can be liable

• The boat operator, for careless or impaired operation (boating under the influence is illegal in every state)
• The boat owner, who may be liable for letting an unqualified or impaired person operate
• A rental company, for poor maintenance or inadequate instruction
• A manufacturer, for a defective boat, engine or safety equipment

Maritime law may apply

Accidents on navigable waters can fall under federal admiralty law rather than ordinary state law. Under maritime law, the general deadline to sue for personal injury or death is three years (46 U.S.C. 30106). Boat owners may also try to limit their liability to the value of the vessel under the federal Limitation of Liability Act, which has its own short deadlines. Workers injured on vessels may have special claims under maritime laws.

Insurance

Boat owners' policies often include liability coverage, and homeowners policies sometimes cover small boats. Ask the owner for policy information.

Because maritime rules are specialized, talk to a personal injury lawyer with boating or admiralty experience.

Sources

1. Cornell Law School LII: 33 CFR 173.55, Report of casualty or accident
2. Coast Guard Auxiliary: Accident reporting
3. Cornell Law School LII: 46 U.S.C. 30106, Time limit for bringing maritime action