Try to picture yourself on a sunny day out at sea, your boat rocking underneath you and the fresh air blowing through your hair. It is the most enjoyable time one can ever imagine until something goes wrong.
Boat accidents are unforeseen, and what could have been a fun day on the water suddenly becomes very worrisome.
Being aware of the necessary actions to take right after an accident and the procedure for filing a claim can definitely impact your case greatly.
It may sound like a big step to file a claim after the boat accident, but it is a process one must go through in order to get the needed compensation and support. With a good boat accident lawyer by your side, the claim process is much simpler.
Regardless of whether you are handling injuries, property or both, it is important to be familiar with the process so that you can deal with it with confidence.
In the event of a boat accident, the following actions should be taken by the parties involved:
Safety comes first, and if there is a need to, call an ambulance.
The primary and the most important concern after a boat accident is to guarantee the wellbeing of all the people present on and around the boat. Ensure that no one is hurt or, if so, give them first aid if needed.
In the case of severe injury to any person, one should not hesitate to dial an emergency number.
It is always important to seek medical attention because sometimes, you may have a small scratch and ignore it, only to discover that it is something serious later on.
Inform the police or any other authorities of the incident.
It is helpful to report the accident. In some circumstances, depending on the level of seriousness and which area of the world the accident occurred, you may have to notify the appropriate maritime authorities or the Coast Guard.
Secure the Crime Scene and Preserve the Scene
Gathering proof at the scene can help you substantiate your argument at a later time. Capture images of the damaged vessels, if any, persons who sustained injuries, and the scene of the accident.
If there are witnesses, take the details and try to get their side of the story regarding the accident.
This documentation can be very important in putting the facts straight and in substantiating your arguments.
Notify Your Insurance Company
You should notify your insurance company and inform them about the accident as soon as possible. Share these with them and any information that you have collected in the case.
They will also guide you on the next step that you need to take in an effort to file a claim. It can also assist in the quick management of the claims and make sure that all policies are met as soon as possible.
A guide to your rights and responsibilities
Liabilities That Follow A Boating Mishap
In case of boat accidents, there are legal responsibilities that you are supposed to meet.
The duties may include informing the police of the accident, helping any person who was injured in the accident, and giving other relevant information to other people and entities.
If you fail to meet these obligations, you risk receiving legal consequences and having issues with your claim.
Rights of the Injured Party
You are entitled to damages if you were injured in a boat accident and want to sue the person responsible.
Some of the damages may include; medical bills, salary lost, cost of property damage and lastly the agony you undergo.
The knowledge of your rights helps prevent actions that may infringe on them and fight for the justice you are owed.
Role and Duties of the Boat Operator
If you were driving the boat at the time of the incident, there are certain duties that you are required to meet.
These include safe navigation of the vessel, compliance with laws governing maritime industry, and the welfare of the passengers.
There are two things you need to do if you are involved in an accident: you must help those who are injured, and you must report the occurrence of the accident in accordance with the law.
Negligence in these duties, therefore, impacts your coverage or any claims made against you.
Consult with a Boat Accident Lawyer
Navigating the legal complexities of a boat accident claim can be challenging. Consulting with an experienced boat accident lawyer can provide crucial guidance.
A lawyer can help you understand your rights, interpret maritime laws, and ensure you receive the compensation you deserve.
They can also negotiate with insurance companies on your behalf and represent you if the case goes to court.
File the Claim
Once you have gathered all necessary documentation and consulted with a lawyer, you can proceed to file your claim. Your claim should include:
- Detailed information about the accident
- Evidence supporting your claim (photos, videos, witness statements)
- Medical records and bills
- Repair estimates for property damage
Your lawyer can assist in ensuring that your claim is comprehensive and filed correctly, increasing your chances of a favorable outcome.