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How to Handle Insurance Claims After a Boat Accident in North Carolina

Being involved in a boat accident can be a traumatic experience, and dealing with the aftermath can be even more daunting. One of the most critical steps you’ll face is handling the insurance claims process. Understanding how to navigate this process in North Carolina is essential to ensure you receive the compensation you deserve for your injuries and damages.

Report the Accident

The first step in handling an insurance claim after a boat accident is to report the incident. In North Carolina, you’re required to report any boating accident that results in death, serious injury, or significant property damage to the North Carolina Wildlife Resources Commission. Failure to do so can result in penalties and may complicate your insurance claim.

Gather Evidence

Collecting evidence at the scene is crucial. Take photos of the damage, obtain contact information from witnesses, and document any injuries sustained. This evidence will be vital when filing your insurance claim and can help support your case if there are disputes about fault or the extent of damages.

Notify The Insurance Companies

Once you’ve reported the accident and gathered evidence, notify any insurance companies as soon as possible. Provide them with all necessary information, including the accident report, photographs, and witness statements. Be honest and detailed in your account, but avoid speculating about who is at fault or the extent of the damages.

The at-fault party and their liability insurance will be primarily responsible.  Under North Carolina’s civil law and that of other jurisdictions, everyone has a duty to act with reasonable care in all their actions.  When operating a boat, this requires driving carefully, including at the appropriate speed.  Most boating accidents involve some form of human error, such as operator inattention, speeding, unsafe turning, navigating incorrectly, or driving recklessly.  North Carolina law also makes it illegal to operate a boat while intoxicated.  The legal limit of 0.08% blood alcohol content applies to boat operators.  Unfortunately, many accidents involving boats or watercraft involve excessive alcohol consumption. 

The duty of reasonable care can require not operating a boat that one knows is unsafe, or that one reasonably should know is unsafe.  Some accidents result from mechanical problems which, again, can result in a finding of negligence.  Failure to have the proper safety equipment on a boat (including flotation devices) also can result in legal liability.

Consider Legal Assistance

If negotiations with the insurance company are not going as expected, or if your claim is denied, it may be time to seek legal assistance. And, in most cases, an attorney with litigation and trial experience can help you maximize ay settlement, and can file a lawsuit if necessary. Indeed, an experienced personal injury attorney can help you understand your rights, negotiate with the insurance company, and, if necessary, take your case to court.

Conclusion

Navigating the insurance claims process after a boat accident in North Carolina can be complex, but following these steps can help you protect your rights and secure the compensation you need. If you find yourself overwhelmed or facing resistance from the insurance company, don’t hesitate to seek professional legal assistance. Ward and Smith is here to help you navigate this challenging process. Contact us today for a consultation with an experienced personal injury lawyer and learn how we can assist you with your claim.

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