What to Do After a Boat Accident in Charleston
Boat traffic around here runs from the harbor and the Intracoastal to the Ashley, Cooper, Wando and Stono rivers. If you were hurt out there, get care first. A relative or friend can help with the rest while you're in the hospital.
- Call for help. Dial 911, or radio for help if there's no signal on the water. At the ER, describe exactly how it happened, then keep each follow-up and therapy visit.
- Note the operator and the boat. Get the operator's name and address, and have someone photograph the registration numbers on the bow.
- Make sure DNR hears about it. Certain boating accidents, serious-injury ones among them, must be reported to the South Carolina Department of Natural Resources. Reporting is generally the job of whoever was operating the boat.5 Some reports are due within 48 hours, and some accidents need immediate notice.4 Ask the investigating agency how to get the records.
- Note where it happened. Write down the nearest marker, dock, bridge or landmark, or drop a pin on your phone.
- Photograph it. Start with your injuries, then the boats, the water and the weather.
- Get witness names. People on docks, sandbars and other boats may have seen it.
- Save broken gear. Keep damaged life jackets, ropes, tubes and clothing.
- Hold off on signing. Owners, rental outfits and insurers may hand you papers. Getting a lawyer's read before you sign is common.
Deadlines on the Water
Under federal maritime law, injury lawsuits from a boating accident generally must be filed within three years.1 Not every accident is a maritime case, and some fall under South Carolina law based on where and how they happened.2
When South Carolina law applies, most injury claims must be filed within three years.6 That deadline is for a lawsuit, and an insurance claim does not stop it.7 If a state or local agency is responsible for an operator involved, a separate and possibly shorter deadline applies.8
If the Owner Files in Federal Court
A boat's owner may ask a federal court to limit liability for the accident.9 The court may then set its own claim deadline, which can be far shorter. If you get a notice about that kind of case, call a lawyer right away, because missing the date can put your recovery at risk.3
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Charters, Tours and Rentals
Tickets and charter papers sometimes include notice rules or shorter filing periods. For some covered passenger vessels, federal law sets minimum periods that a ticket cannot cut short.10 Those protections may not reach every rental or recreational trip. Keep your ticket or rental agreement and have a lawyer look at it soon.
Maritime questions get more room on our South Carolina boating injury page.
Talk With Us About What Happened
Many accidents on the water start as a good day with people you care about, which can make a claim hard to think about.
We'll listen to what happened out there. If you hire us, the insurers can usually deal with us. Our office is on King Street in downtown Charleston, and you can call before deciding anything.
When a hull, engine or other part failed, our Charleston defective product page may help. For lasting injuries, see catastrophic injury claims in Charleston.
Bring any papers or court notices you've received.
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
My friend was running the boat. Can I still make a claim?
You may. If your friend's carelessness caused the accident, a claim may be possible even on a day out together. Coverage turns on whose boat it was and what policies apply to it. A lawyer can help you think through your choices first.
The other boat kept going. What now?
Tell the officers what you saw of it: the hull color, how big it was, the outboard, and any lettering. Someone fishing off a dock or anchored at a sandbar may have caught more.
The other operator was charged with BUI. Does that decide my claim?
No. A lawyer can explain how a criminal charge and an injury claim relate. Dealing with an insurer does not pause a South Carolina filing deadline.7
Do I have to come to the King Street office?
No. You or a family member can start by phone. If you'd rather meet, our office is on King Street downtown. If the drive is hard right now, we can meet you at the hospital, at home or somewhere else that works for you.
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.
