You were on the water. Someone else made a careless decision. Now you are managing injuries, mounting medical bills, and calls from an insurance company that was not designed to look out for you.
At Your Insurance Attorney, our Miami boat accident lawyers investigate what happened, identify who is responsible, and pursue the compensation your situation calls for.
We serve clients throughout Miami and South Florida. Consultations are free and we work on contingency, meaning you pay nothing unless we recover on your case. Call (888) 570-5677 today.
Liability depends on who was operating the vessel, how the accident happened, and what legal obligations each party had at the time. Florida law holds boat operators to a duty of reasonable care toward passengers and others on the water. When that duty is breached and someone is injured, the operator may be held responsible.
But liability in boating accidents is rarely limited to one party. Depending on the facts, responsible parties may include:
The boat operator — Inattention, excessive speed, failure to yield, or operating under the influence are all grounds for a negligence claim under Florida law.
The vessel owner — Even when someone else was driving, the owner may carry liability depending on who had permission to operate the boat and under what circumstances.
A charter or rental company — Commercial operators have additional duties around vessel maintenance, safety equipment, and operator qualifications. When those obligations are not met, the company may share responsibility.
Event organizers — Accidents during organized outings, races, or group events can involve organizers depending on how the event was managed and what safety measures were in place.
Identifying every potentially liable party is one of the first things our team does when reviewing a case. Missing one can mean leaving significant coverage on the table.
Call (888) 570-5677 for a free consultation with a boat accident lawyer in Miami.
It depends on where the accident occurred, and the answer matters more than most people realize. Accidents on inland canals, private waterways, or enclosed bodies of water typically fall under Florida state law.
Accidents on navigable federal waters, including the open waters of Biscayne Bay and the Atlantic Ocean, may fall under federal admiralty jurisdiction.
This distinction affects your filing deadlines, the rules of evidence, and the damages available to you. In some cases, both frameworks apply at the same time. Getting this wrong at the start of a claim can limit your options later.
The Florida Fish and Wildlife Conservation Commission investigates waterway accidents and produces official reports that frequently become central evidence in civil claims. Florida Statute § 327.35 prohibits operating a vessel while impaired and is a key statutory reference in boating accident cases.
Whether your accident falls under state or federal jurisdiction is a question worth clarifying with an attorney before making any decisions about your claim.
Two years from the date of the accident. Under Florida Statute § 95.11, most personal injury claims in Florida must be filed within two years. This deadline was reduced from four years by Florida’s 2023 tort reform. Missing it generally ends your right to pursue compensation regardless of how clear the liability is.
Two situations can shorten this window. If a government vessel or employee was involved, you may need to file a notice of claim within a shorter timeframe before a lawsuit can proceed. If federal admiralty law applies, different deadlines may govern your case entirely.
Evidence in boating cases disappears quickly. FWC reports, GPS data from the vessel, weather records, and witness accounts all become harder to obtain the longer you wait. Moving early protects both your legal rights and the evidence that supports your claim.
The FWC report is important evidence, but it does not decide your civil claim. The Florida Fish and Wildlife Conservation Commission investigates waterway accidents that result in injury, death, disappearance, or property damage over $2,000. That report becomes part of the public record and is routinely reviewed in civil proceedings.
However, FWC officers do not always have access to every piece of relevant evidence at the scene. Vessel GPS data, maintenance records, witness statements gathered after the fact, and expert reconstruction findings are not always reflected in the initial report. In some cases the FWC findings are incomplete or disputed.
Our attorneys work to complement the FWC record with additional evidence that builds a more complete picture of what happened. A favorable FWC report strengthens your case. An unfavorable or incomplete one does not end it.
Medical bills, lost income, pain and suffering, and property damage are the core categories available in most Florida boat accident claims. What applies in your situation depends on the severity of your injuries, the impact on your ability to work, and the available insurance coverage:
Medical expenses — Emergency transport, hospitalization, surgery, rehabilitation, and ongoing treatment connected to the accident. Future medical costs may also be included when injuries require continued care.
Lost wages and earning capacity — Income missed during recovery is documentable. If injuries affect your ability to work long term, that impact on future earnings may also factor into the claim.
Pain and suffering — Physical pain, emotional distress, and the impact on daily life are recognized and compensable under Florida law. These are harder to quantify, which is precisely why insurance companies tend to undervalue them in initial offers.
Property damage — Damage to your vessel, safety equipment, or personal belongings may be included in the claim.
One important note: Florida follows a modified comparative negligence rule. If you are found to be more than 50% at fault for the accident, you may not be able to recover anything. If your share of fault is below that threshold, your compensation is reduced proportionally.
How the accident is characterized carries real legal weight, and having an attorney working on your behalf before any statements are made protects your position.
Yes. Being a guest on another person’s vessel does not prevent you from pursuing a claim for injuries you sustained. Passengers injured in Florida boating accidents may be able to file claims against the operator, the vessel owner, or any other party whose negligence contributed to the accident.
This is one of the most common misconceptions we encounter. Many people assume that because they accepted a ride, they gave up any legal recourse. Florida law does not work that way. Your status as a passenger does not reduce your right to seek compensation.
A BUI charge supports your civil claim, but it is not required to file one. Under Florida Statute § 327.35, operating a vessel under the influence of alcohol or drugs is illegal. A criminal charge or conviction for BUI by the other operator can strengthen your civil negligence claim.
However, criminal charges are not always filed, and their absence does not close the door on a civil case. Evidence of impairment, including witness observations, behavior documented in the FWC report, and field sobriety results, can support a negligence claim even without a formal criminal proceeding.
Civil and criminal cases operate under different standards, and the outcome of one does not control the other.
Q: The other boat left the scene after the accident. Can I still file a claim? A: Yes. Report the incident to the FWC and local authorities right away and document everything you can about the vessel, including color, type, name, and registration numbers. Depending on your own policy, uninsured or underinsured vessel coverage may apply.
Speaking with an attorney early matters here because the trail of evidence narrows quickly after a hit-and-run on the water.
Q: Multiple boats were involved in the accident. How does liability work? A: Florida law allows claims against multiple responsible parties simultaneously. Each party’s share of fault is evaluated separately, and your compensation may be reduced by your own percentage of fault if applicable.
Cases with multiple vessels typically involve more insurance policies and more complex negotiations, but they do not prevent you from pursuing a claim.
Q: The accident happened during a charter trip. Does that change my options? A: It may expand them. Charter companies carry commercial insurance and have additional legal duties around vessel safety and operator qualifications. If the company failed to maintain the vessel or placed an unqualified operator at the helm, they may share liability alongside the operator.
These cases often involve higher available coverage than a standard recreational boating claim.
Q: An insurance adjuster called me two days after the accident. Should I give a statement? A: Speak with an attorney first. Adjusters often contact injured parties before the full extent of injuries is known, and recorded statements made at that stage can be used to limit your claim later. A conversation with our team before you speak with any insurer costs you nothing and may protect your position significantly.
Report the accident to the FWC if it resulted in injury, death, or significant property damage, as Florida law requires. Document everything you can, including photographs of injuries and vessel damage, contact information for witnesses, and a written account of what happened while the details are still clear.
Do not sign anything from an insurance company until you understand what you are agreeing to, and what compensation you will no longer be able to claim. Our Miami boat accident lawyers can help you decide if an insurance offer is fair for your situation.
Yes. Florida courts frequently have jurisdiction over accidents that occur in Florida waters regardless of where the vessel is registered. Out-of-state or international registration adds complexity around insurance and enforcement, but it does not prevent you from pursuing a claim. We handle cases involving vessels from other states and international registrations.
Witness testimony is one factor among many. GPS data from the vessel, weather records at the time of the accident, FWC findings, and physical evidence from both boats can all help establish what actually happened. Liability disputes without witnesses are not uncommon in boating cases and are not automatically unwinnable.
At Your Insurance Attorney, we handle boat accident cases on a contingency fee basis. No upfront costs, no attorney fees unless we recover compensation for you. Your first consultation is free.
Yes. We serve clients throughout South Florida and have offices in Maitland, Atlanta, Colorado Springs, Wilmington, and Long Beach. Where the accident occurred does not limit where we can help.
A boating accident on Biscayne Bay or the Intracoastal can follow you for months in the form of medical bills, missed work, and unanswered questions about who is responsible. Our team at Your Insurance Attorney handles boat accident cases throughout Miami and South Florida, in English and Spanish, with no cost to start.
Call (888) 570-5677. One conversation gives you a clear picture of your options and what pursuing a claim would actually look like.
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Miami, FL 33133
Ph: 888-570-5677
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