Here on the Treasure Coast of Florida, we are surrounded by water, and the boating lifestyle is enjoyed year-round. Nobody ever thinks they will have a horrific day on the water, but anything can happen at sea. What if the peaceful day you planned on your boat has suddenly turned into your worst nightmare? There’s been a collision, people are hurt, and as the boat owner, your mind is racing with questions about what happens next. Whether you were at the helm or someone else was operating your vessel, you’re now entering complicated waters that require careful navigation.  Boating accident lawyer, Todd C. Passman has decades of experience with maritime and boat accidents and he’s here to ensure your rights are protected.

The first thing you must understand is that boat ownership carries a special responsibility under maritime law. Allowing someone else to operate your boat doesn’t necessarily shield you from liability. The legal concept of “owner liability” means you could be held responsible for injuries and damages even if you weren’t present when the accident occurred.

Those crucial first moments after an accident set the tone for everything that follows. As a boat owner, you must ensure everyone follows proper procedures. The immediate priority is always safety – ensuring injured people receive medical attention and that all vessels are secured to prevent further damage or injuries. Your boat’s registration papers, insurance information, and safety equipment documentation should readily be shared with authorities.

The reporting requirements for boating accidents are strict and time-sensitive. In Florida, vessel operators involved in an accident must quickly report the accident whenever there has been: 1) death or disappearance of a person, 2) an injury to a person that required medical attention beyond first aid, or 3) vessel damage or property damage of more than $2,000. The accident report should be made to: 1) the Law Enforcement Division of the Florida Fish and Wildlife Conservation Commission (you can dial *FWC from a mobile phone), 2) the sheriff of the county where the accident happened, or 3) the police department of the municipality where the accident happened. If you fail to report an accident or fail to render aid to people who need help, you can be charged with a criminal offense.

Will My Boater’s Insurance Cover it all?

Some people mistakenly believe boats are covered under standard Homeowners policy. Depending on the policy terms, this might be true for small boats, like a canoe, and offer minimal coverage, but there are limitations. A responsible boater should have boat insurance, which, similar to car insurance, may cover injuries that occur in the operation of a boat, like medical bills, pain, suffering, and lost wages. Standard boat insurance policies often have significant limitations and exclusions. A personal policy might not cover the accident if you were using your boat for business purposes, like giving tours or fishing charters.

Your insurance company needs to know about the accident immediately, but be careful about what you say and to whom. That natural instinct to apologize or accept blame could come back to haunt you later. Stick to the facts when describing what happened, and let investigators determine fault. Take photos of all damage to your boat and any other vessels involved. Document everything you can think of that is relevant: weather conditions, visibility, water conditions, and any relevant factors that might have contributed to the accident.

Your role as a boat owner extends beyond the immediate aftermath. If the accident occurred in navigable waters, you’ll need to cooperate with multiple investigations – from the Coast Guard, state authorities, insurance companies, and possibly federal agencies. Each investigation has its own procedures and requirements, and your responses need to be consistent across all of them.

What Are the Financial Implications as the Boat Owner/Operator? 

The liabilities you may face as the boat owner/operator can be extensive. Beyond repair costs to your vessel, you might face liability for the typical personal injury-related costs: medical expenses for injured parties, pain and suffering for the related injuries, and lost wages during recovery and rehabilitation. There may also be liability for damage to other boats or related property. If fuel or oil spilled into the water due to the accident, there may also be environmental clean-up and remediation costs for which you may also be liable.

Your boating insurance costs will likely increase significantly, and some insurance companies might decline to cover you at all. You might need to invest in additional safety equipment or take advanced boating courses to maintain insurance coverage. Don’t assume your insurance will cover everything. Many boat owners face personal liability for damages that exceed their policy limits or fall under policy exclusions. Your assets, including your home, savings, and future earnings, could be at risk.

If someone else operated your boat during the accident, your relationship with them will likely be tested. The legal and financial pressures can strain even the strongest friendships. You might find yourself in the uncomfortable position of having to make claims against their insurance or personal assets, especially if their actions voided your insurance coverage.

While no boat owner wants to think about accidents, understanding your responsibilities and having a plan can make a critical difference if disaster strikes. Your decisions after an accident can have long-lasting implications for your financial future and your ability to continue enjoying time on the water.

Looking Forward 

The wake from a boating accident travels far beyond the initial collision, touching every aspect of an operator’s life. Recovery requires patience, determination, and acceptance that the journey back to normalcy might be as long as the waterways themselves. In the end, the best strategy remains prevention, but for those who find themselves in troubled waters, understanding the challenges ahead can help chart a course toward resolution.

Don’t Try to “Go it Alone” Against an Insurance Company in a Boating Accident Case!

You will need a compassionate, knowledgeable boating accident lawyer like Todd Passman by your side. Todd has been involved in hundreds of marine claims over the years. He even once ran the marine division of an insurance company. Todd Passman fights for the rights of his clients. Call the Law Office of Todd C. Passman today at (772) 465-9806. Our office is conveniently located on S. Indian River Drive in Fort Pierce, Florida.