HomeFrequently Asked QuestionsIf No One Was Hurt In The Boating Accident Do I Still Have A Claim?
If No One Was Hurt In The Boating Accident Do I Still Have A Claim?
Boating accidents are very common, especially in Florida. If you are involved in a boating accident and no one was hurt, you are very lucky. Unfortunately, you may not feel lucky if you experienced a lot of property damage to your boat.
Florida law protects victims of boating accidents by allowing them to pursue a claim for compensation for injury losses. If the incident hurt you, a boating accident lawyer at Lipcon, Margulies, Alsina & Winkleman, P.A. can assist you in pursuing a case for economic and non-financial loss.
If you were not hurt, you might have far less damages than you would if an injury had occurred. However, the fact that you weren’t physically harmed does not mean you have no damages at all. You could still be out a lot of money because of the harm done to your boat. You could be entitled to receive monetary compensation for that property damage so you can make repairs without facing out-of-pocket losses.
Can You Get Compensation for a Boating Accident Without Injuries?
If a boat operator caused an accident to happen, and the accident caused you to suffer financial loss because of property damage, you could pursue a damage claim against the person who caused the accident.
Florida law requires that boating accidents be reported to the Division of Law Enforcement, Florida Fish and Wildlife Conservation Commission if the accident resulted in more than $2,000 in damage. The law also prohibits many types of dangerous behavior, such as traveling at excessive speed or operating a boat while impaired. If you can demonstrate that another boat operator caused an accident by violating the law or behaving in an unreasonably careless way, you should be able to hold that boater accountable.
You can pursue a civil case to try to get compensation from the boater who damaged your property. You could also try to negotiate a settlement where you receive compensation for damages in exchange for giving up the right to sue.
Although many boats must be registered in Florida, according to the Florida Department of Highway Safety and Motor Vehicles, boat owners aren’t generally obligated to buy insurance on a boat. This means that there may not be an insurer to pay damages. Unless the boat operator has money and assets to pay for losses, winning a judgment in a lawsuit may not be beneficial because you cannot collect money from a person who has none.
Although it can be more difficult to collect money if a boat operator has no insurance, it is not impossible to make a successful claim and receive compensation. You just need to understand how to make the law work for you and how to enforce a legal judgment.
Many boat operators do purchase optional liability insurance, so an insurer could be involved and willing to compensate you for property damage caused by a policyholder. Talk with Lipcon, Margulies, Alsina & Winkleman, P.A. to find out more about how our legal team takes the best strategic approach to pursue a claim for compensation following a boating accident.