Miami and Tampa boating accident lawyer

No PIP on the water. And sometimes no Florida law either.

Florida registers more vessels than any other state and reports more boating accidents than any other state. The law that applies to one is not the law most people expect — there is no no-fault benefit, and depending on where it happened, federal maritime law may govern instead of the Florida statutes.

Free case review Miami (305) 662-4323 Tampa (813) 930-5422

PIP: NoneNo-fault does not apply to vessels
Reporting: RequiredOperators must report qualifying accidents. § 327.301
Which law: It dependsNavigable waters can bring federal maritime law instead
Deadline: 2 yearsUnder Florida law. Maritime claims can differ

01 Which body of law

Which law applies to a Florida boating accident

A collision in a navigable waterway can fall under federal maritime jurisdiction, which carries its own standards and in some circumstances its own time limits. A claim on an inland lake generally does not. Getting this wrong at the outset can cost the claim entirely.

Either way, there is no PIP. Health insurance, the vessel’s liability coverage and in some cases a homeowner policy are the sources, and vessel coverage is not compulsory in Florida the way auto coverage is.

Where a passenger is injured on a commercial vessel, or a crew member on any vessel, the analysis changes again — and crew claims run under an entirely separate set of rules.

02 What has to be preserved

What has to be preserved after a Florida boating accident

Florida requires operators to report qualifying accidents, and the Fish and Wildlife Conservation Commission investigates the serious ones. That report, together with the marine unit’s findings, is the backbone of the file.

Beyond it: the condition and maintenance history of the vessel, whether required safety equipment was aboard, operator experience, weather and sea state, and whether alcohol was involved — which it is in a substantial share of fatal accidents here.

03 Where these cases come from

Miami-Dade

Biscayne Bay, the Intracoastal, the Miami River and the reef line off Key Biscayne carry dense recreational and commercial traffic year round, and much of it sits squarely in navigable waters.

The Miami office · Homestead

Hillsborough

Tampa Bay, the Intracoastal and the Gulf approaches combine heavy recreational boating with commercial shipping into Port Tampa Bay, and the mix produces its own pattern of collisions.

The Tampa office

04 What damages a claim

Assuming auto insurance or PIP applies. Neither does.
Letting the vessel be repaired before it is examined.
Not obtaining the FWC report and the investigating officer’s findings.
Treating a commercial vessel or crew injury as an ordinary Florida negligence claim.

Frequently asked questions about Florida boating accidents

I was a guest on a friend’s boat. Do I have to sue my friend?

In practice the claim runs against the vessel’s liability coverage, and some homeowner policies extend to a boat as well.

Whether coverage exists at all is the first thing to check, because Florida does not require vessel liability insurance.

The other operator had been drinking. Does that change things?

It strengthens liability considerably and can open the door to additional claims depending on where the alcohol was served.

The FWC investigation normally addresses it directly, which is another reason that report matters so much.

05 Related matters

The full list is on the personal injury page.

Tell Jose what happened

A free review of your boating accidents case, with no obligation, and no fee and no costs unless there is a recovery. English or Spanish, whichever you would rather use. You speak with Jose A. Dapena directly at every stage, not with an intake department — and if there is no claim worth bringing, he will tell you that.

Miami (305) 662-4323 Homestead (786) 900-0184 Tampa (813) 930-5422