Boating is a popular recreational activity. Whether you’re cruising on a calm lake, fishing in a river, or sailing on the open seas, boating is a favorite summer pastime. However, like any other mode of transportation, boating accidents can occur on the water.

When a boating accident happens, it is common for the responsible party to be liable for the damages incurred. But what happens if the at-fault party doesn’t have boat insurance?

Boating Accidents and Liability

Boating accidents can cause a range of damages, including injuries, property damage, and even loss of life. Similar to car accidents, determining liability in a boating accident starts with examining the circumstances surrounding the incident. Factors such as negligent operation, violation of boating laws, reckless behavior, and failure to follow safety guidelines are taken into account when determining who is at fault.

Typically, boaters are required to carry boat insurance to cover potential damages resulting from accidents they may cause. However, not all boaters comply with this requirement, leaving you in a challenging situation if you are the victim of a boating accident caused by an uninsured party.

Options for Compensation

When the at-fault party in a boating accident doesn’t have boat insurance, you still have options for compensation. While the specific options available to you may vary depending on your jurisdiction, here are a few avenues to consider:

1. Personal Liability of the At-Fault Party

Even if the responsible party doesn’t have boat insurance, they can still be personally liable for the damages they caused. If they have personal assets, you may be able to file a lawsuit against them to recover your losses. However, it’s important to note that collecting compensation in such cases can be challenging, especially if the person doesn’t have significant assets.

2. Supplemental Insurance Coverage

In some cases, your own boat insurance policy may include coverage for accidents caused by uninsured boaters. This type of coverage is commonly referred to as uninsured boater coverage or uninsured watercraft coverage. If you have this coverage, it can help protect you in situations where the at-fault party doesn’t have boat insurance.

3. Legal Action and Professional Guidance

If insurance coverage is not available to cover your damages, you may need to explore legal action. Consult with a personal injury attorney experienced in boating accidents to learn more about your legal rights. We will assess the strength of your case and guide you through the litigation process.

We’ll investigate the incident, gather evidence, and build a strong case on your behalf. We can also negotiate with the at-fault party and their legal representation to pursue a fair settlement. If reaching a settlement is not possible, we’ll advocate for your rights in court, increasing the likelihood of receiving fair compensation.

Preventing Boating Accidents

While it’s difficult to predict when an accident will occur, there are steps you can take to protect yourself and minimize the risk of being involved in a boating accident with an uninsured party:

• Carry Boat Insurance: Make sure your boat is adequately insured. This can provide you with a safety net in the event of an accident caused by an uninsured boater. Review your policy to understand the coverage you have and consider adding uninsured boater coverage if it is not already included.
• Practice Safe Boating: By following boating laws, regulations, and safety guidelines, you can reduce the chances of being involved in an accident. This includes maintaining proper speed, avoiding alcohol consumption while operating a boat, and keeping a lookout for other boaters.
• Gather Evidence: If you are involved in a boating accident with an uninsured party, it is important to gather as much evidence as possible. Take photos of the accident scene, get contact information from the responsible party and any witnesses, and document any injuries or damages. This evidence can be invaluable when pursuing compensation.

Protecting Your Rights After a Boating Accident

Being involved in a boating accident can be a distressing experience, especially when the at-fault party doesn’t have boat insurance. However, you have options for seeking compensation.

Call us today! The Nowlan Personal Injury Team specializes in boating accidents. We’re here to guide you through the process and help you get the compensation you deserve.