What to Do After a Boat Accident in South Carolina
Medical care comes first. While you're in the hospital, a family member or friend can take care of most of what follows.
- Get emergency care. Call 911 or radio for help on the water. Tell the ER exactly what happened. Keep every follow-up, surgery and therapy appointment.
- Get the other operator's information. That means the operator's name, address and the boat's registration numbers. Someone with you can photograph the numbers on the hull.
- Make sure the accident is reported. South Carolina law requires certain boating accidents to be reported to the Department of Natural Resources, including accidents involving serious injuries or other qualifying circumstances. The report is generally the operator's duty.5 Some reports are due within 48 hours, and some accidents require immediate notification.4 Ask the investigating agency how to obtain available accident records.
- Mark the spot. Note the nearest channel marker, dock, bridge or landmark. Drop a pin on your phone's map if it still works.
- Take photos and video. Your injuries come first, then the boats, the water conditions and the weather.
- Find witnesses. People on nearby boats, docks or sandbars may have seen it. Get names and phone numbers.
- Keep the gear. Save damaged life jackets, tow ropes, tubes and clothing. Don't throw away anything that broke.
- Get your questions answered before you sign or send anything. Owners, rental businesses and insurers may ask you to sign papers. Many people talk to a lawyer first.
How Long You Have to File
When federal maritime law governs a boating injury claim, the general deadline to file a lawsuit is three years.1 Not every boating accident falls under federal maritime law. Some accidents, particularly those on certain inland lakes or waterways, may be governed by South Carolina law instead. Determining which law applies depends on where and how the accident occurred.2
For an accident that South Carolina law governs, most injury claims must be filed within three years.6 That deadline is for filing a lawsuit, and an insurance claim does not stop it.7 If a South Carolina state or local agency is responsible for an operator involved, the claim has its own deadline, which can be shorter.8
If the Boat Owner Goes to Federal Court
A boat owner may file a federal court proceeding seeking to limit liability for an accident.9 If that happens, the court may set a separate, much shorter deadline for injured people to file their claims. If you receive a notice about a limitation of liability proceeding, contact a lawyer immediately. Missing the court's deadline can jeopardize your ability to recover compensation.3
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Tickets, Charters and Rentals
Passenger tickets and charter agreements sometimes contain special notice requirements or shorter filing periods. For certain covered passenger vessels, federal law sets minimum periods for written notice of an injury claim and for filing a lawsuit that a ticket cannot shorten.10 These protections do not necessarily apply to every recreational boat, charter or rental. Keep your ticket or rental agreement and have a lawyer review it promptly.
Talk With Us
Many boating injuries happen on what started as a good day with friends and family. We know that can make it hard to think about a claim, especially when you know the people involved.
We start by listening to what happened on the water. If you hire us, the insurers can usually deal with us. And we're straight with you about your options, including the hard ones.
Our firm is based in Charleston, and we take boat accident cases from across South Carolina. If a defective boat or part played a role, see our page on defective product injury claims. For severe, lasting injuries, see our page on catastrophic injury claims.
Walk us through the day and any papers or court notices you've received since.
South Carolina Law on This
- Injury and death claims arising from a maritime accident generally must be filed within three years under federal law.1
- Not every boating accident falls under federal maritime law. Federal admiralty jurisdiction generally requires both a qualifying location on navigable waters and a sufficient connection to traditional maritime activity, and navigability is a legal determination, not simply whether the water can carry boats. Some accidents, particularly on certain inland lakes or waterways, may be governed by South Carolina law instead.2
- A boat owner may file a federal court proceeding under the Limitation of Liability Act seeking to limit liability for an accident. If that happens, the court may set a separate deadline for injured people to file their claims, which can be much shorter than the ordinary three-year maritime deadline, and other litigation may be restricted. Missing the court's deadline can jeopardize recovery.3
- South Carolina law requires certain boating accidents to be reported to the Department of Natural Resources. The statute provides for a report within 48 hours, and immediate notification for accidents involving death, loss of consciousness or serious bodily injury.4
- After a boating accident in South Carolina, an operator generally must help anyone injured if it can be done safely, give their name, address and boat identification in writing, and report certain accidents to the Department of Natural Resources.5
- Most personal injury claims in South Carolina must be filed within three years.6
- South Carolina's statute of limitations generally sets the deadline for filing a lawsuit in court. Simply opening a claim with an insurance company or negotiating with an insurance adjuster does not stop the statute of limitations from running.7
- Claims against a South Carolina state or local government agency have their own filing deadline, which can be shorter, and there could be caps on damages under the South Carolina Tort Claims Act, depending on the facts of the case.8
- A boat's owner can ask a federal court to limit liability to the value of the boat after the accident. Once that case is filed, other lawsuits are generally stopped, and claims must be filed in the federal case by a court-set deadline.9
- Tickets for some passenger and charter boats may shorten the time to give notice of an injury claim or to file suit. For covered vessels, federal law sets minimum periods that a ticket cannot shorten.10
Frequently Asked Questions
Can I make a claim if a friend was driving the boat?
Possibly. If your friend's negligence caused the accident, you may have a claim even if you were riding together recreationally. Whether insurance covers the claim depends on the boat, its ownership and the applicable policies. A lawyer can help you understand your options before you decide how to proceed.
The other boat left after the crash. What can I do?
Tell the officers who respond everything you saw: the boat's color, size, motor and any numbers or name on the hull. Witnesses on nearby boats or docks can help too.
If the other operator gets arrested for BUI, does that settle my case?
No. A lawyer can explain how a criminal case and an injury claim fit together. Talking with an insurer doesn't stop a South Carolina filing deadline.7
Sources
- 46 U.S.C. § 30106
- 28 U.S.C. § 1333; Foremost Ins. Co. v. Richardson, 457 U.S. 668 (1982); Sisson v. Ruby, 497 U.S. 358 (1990)
- 46 U.S.C. §§ 30501 et seq.; Supplemental Admiralty Rule F
- S.C. Code § 50-21-130
- S.C. Code § 50-21-130 (as amended by 2008 Act No. 321)
- S.C. Code § 15-3-530
- S.C. Code §§ 15-3-20 and 15-3-530
- S.C. Code §§ 15-78-110 and 15-78-120
- 46 U.S.C. §§ 30523 and 30529 (formerly §§ 30505 and 30511; renumbered by Pub. L. 117-263 in 2022); Supplemental Admiralty Rule F
- 46 U.S.C. § 30526
This page is general information about South Carolina law, not legal advice for your situation. Every case depends on its own facts.
