An accident on the water can leave you dealing with painful injuries, medical bills, and questions about how to recover financially. Insurers representing boating companies or operators will attempt to shift blame by using South Carolina’s boating laws and “modified comparative negligence” rule to delay, reduce, or deny your compensation.
Under this legal standard, if they succeed in assigning you 51% of the blame or more, you lose your right to recover entirely. To push you over that threshold, insurers turn boating regulations into a battleground. They will point to speed limits, no-wake zones, or operator licensing requirements to argue that your actions contributed to the crash, regardless of the facts.
Since 1995, Auger & Auger Accident and Injury Lawyers has been helping injury victims push back against insurance company tactics and pursue fair compensation. Our boating accident lawyers in Murrells Inlet know how to push back against insurer tactics. We challenge them by independently gathering evidence early on, consulting with specialists, and proving that you were not at fault.
Let our Murrells Inlet personal injury lawyers handle your case under our A&A Zero Fee Guarantee™, which means you pay nothing up front and no attorney fees unless we secure a settlement or verdict. Call us now for a free consultation.
Why Choose Us to Handle Your Boating Accident Case?
After a boating accident, insurers waste no time looking for ways to limit their payouts. They’ll work to assign you a portion of the blame, knowing that under South Carolina’s modified comparative negligence rule, assigning 51% or more of the fault to you completely bars you from recovering compensation. Even partial blame can drastically reduce what you’re entitled to, giving insurers a financial incentive to twist the details of the accident in their favor.
Insurers will point to boating regulations, such as no-wake zones or safety equipment requirements, to argue that you somehow contributed to the incident. They work to shift more responsibility to you than to their client, just enough to push you over the legal threshold for financial recovery.
Proven Experience Backed by Results
For over 30 years, Auger & Auger has been standing up to insurers for victims of negligence. We’ve recovered over $100 million for our clients and have a 99.5% success rate on the cases we’ve handled. When insurers try to use laws or regulations against you, we know how to fight back and refocus attention on the negligence of the at-fault party.
How Boating Company Insurers Use Modified Comparative Negligence and Act 42 to Shift Blame
The state’s modified comparative negligence rule, along with the updated provisions of its Tort Reform and Liquor Liability Act (Act 42), provides insurers with tools to deflect liability and reduce your compensation.
For example, Act 42 allows insurers to reduce their client’s financial responsibility based on their assigned percentage of fault in the accident. If they can prove that their policyholder was less than 50% at fault, they only owe their proportional share of damages.
Worse, Act 42 allows insurers to argue that other nonparty tortfeasors, such as negligent vessel operators or passengers, contributed to the accident, even if they are not named in your lawsuit.
Insurers will work to amplify the fault of other vessel operators or separate third parties, attempting to exploit these apportionment rules to divert focus away from their policyholder’s negligence.
How Our Boating Accident Attorneys in Murrells Inlet Block These Tactics
Our Murrells Inlet boating accident lawyers counter these highly specific and technical arguments by:
- Gathering evidence that demonstrates their policyholder was the primary liable party.
- Discrediting speculative claims about third-party or nonparty fault by focusing on facts, such as the insurance client’s speed, navigational errors, or failure to follow boating rules.
- Protecting you from unfair fault assignments so that we seek the compensation you’re owed under South Carolina’s comparative negligence laws.
We’re experienced in dealing with these legal strategies and won’t let insurers exploit them to diminish your recovery.
How Boating Company Insurers Use State Boating Laws to Dispute Liability
Insurers will take every opportunity to cite South Carolina Code § 50-21-110 and § 50-21-111, which establish the state’s strict prohibitions against negligent and reckless vessel operation, to argue that victims bear fault for accidents, regardless of the true circumstances.
Insurers will allege one or more of the following:
- You violated § 50‑21‑870(B)(6) by operating faster than idle within the required distance of docks, moored or anchored vessels, or people in the water.
- You weaved through congested traffic or jumped wakes too close to other boats under § 50‑21‑111.
- You operated contrary to regulatory markers (including posted no‑wake zones), under § 50‑21‑710.
Highlighting even minor or subjective violations of these rules helps them reduce or bar compensation under the 51% rule.
Steps Our Murrells Inlet Attorneys Take to Protect You From These Allegations
Our attorneys have methods for defending your compliance and shifting blame to the at-fault party, such as analyzing GPS data (when available) to prove that you complied with boating laws.
When insurers falsely claim negligence based on law violations, we demonstrate that those laws do not apply, or that the other party violated them instead. We also leverage reports from maritime accident specialists to provide clear, technical explanations of fault to counter the insurer’s narrative.
It Costs Nothing Upfront to Hire Our Murrells Inlet Boating Accident Law Firm
Every boating accident case requires meticulous preparation, beginning sooner rather than later, which is why our boating crash lawyers in Murrells Inlet take cases under our A&A Zero Fee Guarantee™.
You don’t have to save up to hire our attorneys. There are no upfront costs and no attorney fees unless we secure compensation for you.
Call Us Now for Help From Our Murrells Inlet Boating Accident Attorneys
After a boating accident, dealing with insurers and pursuing compensation can feel like an uphill battle, but you don’t have to go through it alone. At Auger & Auger, we take over the entire process for you.
We handle the insurance company directly and take the burden off your shoulders by offering client-first legal representation. Call us today for a free initial consultation, and let our Murrells Inlet boating crash attorneys get started protecting your claim.
