When to File a Boating Accident Report (BAR)

Boating accidents affect thousands of people every year in the U.S. with the majority of boating accidents caused by carelessness, operator inattention, excessive speed and operator inexperience (USCG). In 2005, accidents like these amounted to almost 39 million dollars worth of property damage and approximately 3,500 injuries (USCG). While these numbers are significant, it is important to note that these statistics only represent boating accidents that were reported. While federal law requires boating operators to file accident reports with the nearest state boating authority 33 CFR 173.55 (2001), the U.S. Coast Guard found that only five to ten percent of non-fatal boating accidents are actually reported. With this in mind, it is important to know when you need to file a Boating Accident Report (BAR) as failing to do so is a misdemeanor in some states.

As a boat operator, it is essential to know when you are required to file a BAR. The Code of Federal Regulations 33 CFR 173.55 (2001) requires a BAR to be filed with the nearest state boating authority when any of the following occur through involvement with your vessel:

1. A person dies; or
2. A person is injured and requires medical treatment beyond first aid, i.e. treatment at a medical facility or by a medical professional other than at the accident scene; or
3. Damage to vessels and other property totals $2,000 or more or there is a complete loss of any vessel; or
4. A person disappears from the vessel under circumstances that indicate death or injury.

If you experience a boating accident where one or more of these criteria have been met, you must file a BAR within 48 hours if:

1. A person dies within 24 hours of the occurrence; or
2. A person requires medical treatment beyond first aid; or
3. A person disappears from the vessel.

You have 10 days to file a BAR if the damage only involves the vessel and/or property. Be aware that these are the minimum requirements for federal regulation of BARs and individual states may have stricter reporting requirements. It is your responsibility to be familiar with the boating laws of the state that you are boating in and maritime law if you are boating in navigable waters.

If you find yourself in the unfortunate circumstance of a boating accident, avoid making statements or signing anything related to the accident until you speak to a qualified boating accident attorney. Many legal issues arise when you are involved in a boating accident. One of the main issues that will arise when determining compensation for damages/losses is liability. An experienced boating accident attorney can help you recover your losses. Contacting an attorney who is familiar with boating and maritime law soon after an accident will allow your attorney to help file your claim before the statute of limitations runs out.

Boating laws are complex and vary from state to state. Comparative fault is often applied to boating accidents, so if your vessel sustains significant damages or you or your passenger(s) sustain personal injury, it is imperative that you contact an attorney with experience in boating accident claims and maritime law to advise you on how to proceed with your claim.