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How to File a Boat Accident Claim
Boating can be thrilling and fun, but if you are not careful it can quickly turn deadly. Boats must also follow strict safety regulations to avoid injuries.
If you've been injured in a boating accident, you may be entitled to compensation for your medical expenses and for property damage. To increase your chances of success get in touch with a professional New York boat accident attorney.
1. Gather Evidence
The most important thing to do following an accident on a boat is to collect evidence and get in touch with an attorney. You should seek medical treatment immediately for any injuries. Medical records and other evidence is necessary to support the claim for damages such as current and future medical costs in addition to loss of income earning potential, property damage, and non-economic damages like suffering and pain.
Video and photos can be useful in preserving evidence from the scene of an accident. Eyewitness testimony is yet another important element of evidence, since it can give valuable information about the causes of an accident that could otherwise be omitted. Police and incident reports can be used to establish a time line of what happened during the investigation.
A lawyer who is knowledgeable can analyze the evidence to identify the parties that could be liable for the victim's injuries or losses. A successful negligence claim for a boating accident typically involves multiple parties that are liable, which includes the boat's operator and the owner or manufacturer of the watercraft.
A reputable lawyer can manage all communications with insurance providers who are involved in a claim of a victim for compensation. An attorney can prevent victims from saying anything that could be used against them in court, and they can assist victims receive fair settlement offers for their losses.
2. Make a Report
When a boating incident occurs, the first thing you should do is ensure that everyone involved is safe. Then, you should contact the local police and file a report. Depending on the state laws and regulations, you may have 48 hours to submit reports in the event of death or serious injury needing medical attention above first aid. Alternatively, you may have 10 days to file a claim in the event that the accident causes more than $2,000 of damage or if the Boat Accident Law Firms gets lost.
If possible, you should stay at the site of the accident to assist other boats or people, without placing your safety or that of the victim in danger. This will enable the police officer to take note of important details like how the accident occurred and who was on board at the time of the crash, and what caused it.
Unfortunately, even well-trained and experienced boaters can get involved in water-related accidents because of the negligence of someone else. A knowledgeable attorney can assist you in identifying the negligent party that caused the damage and seek compensation. The types of damages that are recoverable include medical expenses, property damage, and financial losses. In addition, an action against the responsible party could result in monetary compensation for Boat Accident Law Firms your pain, suffering, as well as loss of quality of life and other emotional distresses associated with the crash.
3. Examine the damage
After medical experts have examined everyone's injuries, and they are all in a safe place, it is important that you take a thorough look at the damage that has been done to the boat. It is now time to think about your insurance policy.
A surveyor will be assigned to your claim and will come out to inspect any damage incurred by the accident. They will compare what you originally reported to the damage and start figuring out the value of the damage.
Most boat accidents result from a combination of causes that are impossible to control all of them. However, if there was a defect by the manufacturer within the vessel itself, it may be possible to make a claim for product liability against the manufacturer of the boat accident lawyer.
In these instances you require an attorney with experience boating claims. They can help you build a strong case that proves the manufacturer is responsible for the accident.
It is also important to remember that various kinds of boats are governed differently by insurance policies. Insurance for homeowners, for instance typically covers small boats with engines below 50 HP. This means that jet skis, airboats as well as larger vessels will not be covered by homeowner's insurance.
4. Contact an Attorney
As soon as you are secure and have visited a medical professional for injuries, be sure to notify your insurance company. Even if you don't have a police report, you will still have to inform your insurance company. You should be careful when you provide details to insurance companies, as they will often try to determine who is at fault for an accident. This could reduce the amount of compensation given. The NYC lawyer for boating accidents at Mirman, Markovits & Landau will do their best to disprove these claims and reduce the amount of fault given to you.
It is beneficial to collect as all information you can on the other boat owners or operators involved in the incident. This includes their address, name along with their phone number and insurance information. It is also helpful to keep a copy of the accident report that has been filed.
Boat accidents can be frightening and may cause serious injury. They can lead to significant medical costs, lost wages and damages. The responsible parties must be held accountable for any harm they may have caused. The at-fault parties as well as insurance companies will not offer 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 allow you to focus on improving and leveling the playing fields.