A boating accident can leave you with serious injuries and a claims process that is just as complicated as claims for accidents on the road. Insurance companies look for ways to shift blame and reduce the amount they have to pay, and they have their own tactics for collisions on the water.
They may try to argue that you were operating the boat improperly, failed to follow South Carolina boating laws, or contributed to the accident in some way. South Carolina’s “modified comparative negligence” law makes it possible for insurers to limit or deny payouts. If they can assign 51% or more fault to you, your claim could be completely denied.
At Auger & Auger Accident and Injury Lawyers, our boating accident lawyers in Mount Pleasant have strategies to push back against blame-shifting insurer tactics. We may consult accident reconstruction specialists and navigational safety consultants to demonstrate the liable party’s negligence and link it to your injuries to protect your claim.
With the A&A Zero Fee Guarantee™, you won’t face any upfront costs, and our Mount Pleasant personal injury lawyers don’t get paid unless we recover compensation for you. Call us today for a free consultation, and let us handle the process for you.
Why Choose Auger & Auger to File Your Boating Accident Claim?
Boating accident claims are uniquely difficult because evidence on the water can be hard to gather, giving insurers an opening to shift blame.
They will argue the accident was your fault, claim you violated South Carolina boating regulations, and cite the modified comparative negligence law to deny your claim outright. They could also use South Carolina’s Tort Reform and Liquor Liability Act (Act 42) to redirect blame to nonparties, such as rental companies or manufacturers.
At Auger & Auger, we know how to stop insurers from shifting blame. With over 30 years of experience and $100 million recovered, our Mount Pleasant boating accident lawyers build strong cases by:
- Acting fast to gather evidence: We work to secure police or Coast Guard reports, data from South Carolina DNR officers, maintenance records for the boat or equipment, and witness accounts while they’re still fresh.
- Countering blame-shifting: Insurers will manipulate boating regulations, such as speed or navigation rules, to argue the accident was your fault or pull in nonparties like rental companies or drivers of other vessels. We use specialist analysis and evidence to link the liable party’s negligent behavior on the water to your injuries.
- Protecting your compensation: When insurers try to assign unfair fault under South Carolina’s laws, we push back with solid evidence to protect your claim from being reduced or denied entirely.
We know what it takes to counter insurer strategies, even when collisions occur on the water. As a family-run firm, our attorneys offer client-first services, ensuring you stay ahead of developments in your case and making ourselves available to answer your questions throughout the process.
How Insurers Try to Shift Blame Onto You in a Boating Accident Claim
After a boating accident, insurers work quickly to assign as much fault as possible to you. They will claim improper operation, failure to obey navigational rules, or lack of required safety measures, such as life jackets or boat lights, to paint you as primarily responsible for the accident. If they succeed, they can reduce or outright deny their obligation to pay your claim.
They work to find even the slightest misstep or technical violation to minimize their liability, knowing that South Carolina’s modified comparative negligence law allows them to drastically reduce your compensation with just partial fault.
How Our Boating Accident Attorneys in Mount Pleasant Respond
Our Mount Pleasant boating accident attorneys prevent insurers from unfairly blaming you. We counter their arguments by highlighting their client’s negligent actions with supporting evidence. From the beginning of your case, we build a trial-ready case designed to counter insurer attempts to shift fault.
How Insurers Shift Blame to Nonparties in a Boating Accident Claim
Insurers may also argue that nonparties share responsibility for the accident. Using Act 42, they may argue that a rental company failed to maintain the boat properly, a manufacturer sold defective equipment, or another boater or passenger contributed to the accident. By assigning a portion of fault to nonparties, they aim to reduce their liability and complicate your case.
For example, insurers that claim improper maintenance by the boat’s owner or argue that equipment failure caused the accident may include parties who aren’t directly part of your claim to shift the focus away from their policyholder’s negligence.
How Our Boating Accident Attorneys Keep the Focus on the Liable Party
We address insurer blame-shifting tactics head-on to keep compensation focused on the negligent party. We dig into maintenance logs, product safety records, and rental agreements to verify or disprove claims related to nonparties.
Using mechanics, accident reconstructionists, and maritime specialists, we counter false inflation of nonparty blame with clear, authoritative evidence.
How the A&A Zero Fee Guarantee™ Protects Your Right to File a Lawsuit
Some boating accident victims settle too early or give up entirely, fearing the financial burden of legal action. That’s why we offer the A&A Zero Fee Guarantee™, giving you the power to file a lawsuit or negotiate confidently without any upfront costs.
Filing a lawsuit may be the only way to protect your compensation, and our Mount Pleasant boating accident lawyers are equipped to take that step at no upfront cost to you. Under our fee arrangement, you get the following benefits:
- No upfront costs: You’ll never pay out-of-pocket expenses to start your case.
- Protect your options: Whether through settlement or a lawsuit, we fight for the best outcome for you.
- Pay only if we win: You only owe attorney fees if we recover compensation.
Don’t wait to start your case. Under S.C. Code Ann. § 15-3-530, your statute of limitations for filing a personal injury lawsuit is generally three years from the date of your accident. If you miss this window of time, you forfeit your right to seek compensation from any liable party.
Call Auger & Auger for Help From Our Mount Pleasant Boating Accident Attorneys
You’ve been through enough after your boating accident; dealing with insurers shouldn’t be your burden. At Auger & Auger, we take on the entire claims process for you, from gathering evidence to countering insurer tactics so that you can focus on recovery.
With our A&A Zero Fee Guarantee™, you’ll never face upfront costs, and you won’t pay anything unless we recover compensation for you. Let us fight for the compensation you deserve. Call now for a free consultation and let us handle the rest.
