If you’ve been in a boating accident in New York, you may be wondering what comes next. You’ve got questions, and you want someone to shoot straight with you. The truth is, boat accidents are different from car crashes, and New York law handles them that way. What you do in the hours and days after a crash could shape your entire claim.
Why Boating Laws Matter After a Crash
When something goes wrong on the water, the law steps in to figure out who’s at fault, what went wrong, and who pays. New York’s boating laws decide how these answers are sorted out. They touch everything from who’s allowed to drive a boat, to what happens if someone is drunk at the wheel, to how fast you’re going and where you’re headed. These rules don’t just keep people safe—they can either help your case or sink it.
If the boat operator broke a safety rule—say, driving under the influence or ignoring posted speed limits—that can be used to show they were negligent. And negligence is key. Proving it is how you show someone else caused your injuries.
The Rules Are Clear—And So Are the Penalties
Under New York law, anyone operating a boat must follow the same kind of rules that drivers on the road do. You need to be sober. You need to keep a lookout. You need to know how to handle your craft in busy or rough water. And yes, you need to have the right safety equipment on board.
Benjamin J.
Andrews
Partner
Robert
Maranto
Partner
Tom
Kotrys
Partner
Anthony
Iacono
Attorney
Robert J.
Maranto, III
Attorney
If someone violates any of these laws—especially if they’re caught boating while intoxicated—that mistake could make them legally responsible for what happened. But don’t assume that the other person’s arrest guarantees your win. The law helps your case, but you still have to connect the dots. That’s where evidence comes in.
How Fault Is Decided in New York Waters
Here’s something many people miss—New York uses a system called “comparative negligence.” That means more than one person can share the blame. If a court finds you were partly at fault for the crash—maybe you weren’t wearing a life jacket, or you were standing up in choppy water—your compensation could be reduced.
If your damages are worth $100,000, and a judge says you were 20% at fault, you’ll only get $80,000. That’s why it’s so important to work with someone who knows how to tell your side of the story clearly and fight to keep your share of the blame as low as possible.
The team is very personable, patient and empathetic with their clients. They are upfront with you and will explain the entire process with you, they never lead you to believe otherwise, they tell you like it is and will not sell you a million dollar dream. Trust in Andrews, Bernstein & Maranto, PLLC, they work for you and he looks out for your best interest.”
- Jane D.
Why Reporting the Accident Matters
In New York, boat accidents that result in injury, death, or significant property damage must be reported quickly. You’ve got 48 hours to file a report if someone is hurt, and just 10 days if there’s damage over $1,000. If you don’t, your claim could be thrown out. It sounds like paperwork, but it’s more than that—it’s your first official record of what happened. Get the names of witnesses. Snap photos if you can. Make sure the operator exchanges information, just like in a car crash. The more details you collect, the better.
Insurance on the Water Works Differently
Boat insurance isn’t required by law in New York, but many boat owners carry it anyway. Still, insurance policies vary a lot, and some don’t cover certain types of accidents. You’ll want to know who’s covered, what’s excluded, and whether your injuries fall under their plan.
Even when there is insurance, claims can get tricky. The company may try to say your injuries aren’t that bad or argue about who’s really at fault. If the crash happened on a rental or tour boat, you may be dealing with business liability coverage. These cases can take a different turn depending on the kind of policy in play.
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Different Laws Apply in Different Waters
Here’s where things can get even more confusing—if the accident happened on a large body of water like Lake Erie or Long Island Sound, federal laws might apply. Those laws are different from New York’s and could change how your claim is handled. Maritime law is a whole other system, and it deals with things like boat maintenance, crew safety, and operator training. Knowing whether state or federal rules apply could affect your deadline to file a claim, or even how fault is decided. That’s why this isn’t something you want to figure out alone.
Time Is Not on Your Side
You don’t have forever to file a claim. In most cases, you’ve got three years to file a personal injury lawsuit in New York. That might sound like a lot, but the clock starts ticking the moment the crash happens. And if your case falls under maritime law or involves a government-owned boat, you could have even less time. Waiting can cost you. Evidence disappears. Witnesses forget what they saw. Medical records pile up. And once the deadline passes, you’re out of luck.
Protecting Your Rights From the Start
After a boat accident, it’s easy to feel overwhelmed. The shock, the injuries, and the questions start piling up fast. But here’s what matters most right now—protecting your rights. That starts with getting the medical care you need, even if your injuries seem small. Waiting to get checked out can hurt your health and your case.
Verdicts & Settlements
You also want to avoid talking too much to insurance companies without help. They’re trained to protect their bottom line. What feels like a simple question—like “How are you feeling today?”—can be used later to say your injuries weren’t serious. You have every right to talk to someone first, someone who’s on your side.
Boating Accidents Are Not All the Same
Not every boat accident involves two speeding vessels crashing into each other. Some happen because of poor boat maintenance. Others because someone let a boat out to someone who wasn’t trained or licensed. We’ve even seen cases where safety gear was missing or defective.
Each type of accident points to different kinds of responsibility. That means different people or companies may be involved in paying for what happened. Knowing who is legally responsible—and proving it—is a key part of building your claim. And that starts with understanding how New York’s boating laws apply to the facts in your case.
What You Do Next Could Change Everything
If you or someone you care about was hurt in a boat accident, don’t try to go it alone. What you say to the insurance company, how you report the crash, and what kind of treatment you get can all affect your claim.
You don’t need to figure out New York boating laws on your own. At Andrews, Bernstein & Maranto, PLLC, we understand how these rules work and how they affect your case. We help people just like you make sense of what happened and what to do next. If you’re hurting, confused, or just want answers, we’re here to help. Give us a call today and let’s talk about your next steps.
