What is the procedure for filing a claim for damages in a boating accident?
Filing a claim for damages after a boating accident in Washington starts with the filing of a Boat Accident Report (BAR). The BAR is filed with the Washington State Patrol, and it is a criminal offense to not file a report if the accident involves injury, death, or damage over $2,000. In addition to the BAR, potential claimants may need to file a Notice of Claim with the government agency when the accident involves a public vessel. This is sometimes necessary to preserve a claim for damages. When filing a claim for damages, claimants must provide facts about the accident and an estimate of their injuries or property damage. This includes submitting evidence such as medical reports, photographs, and witness statements. After filing the claim, claimants wait for a response from the party responsible for the accident. Depending on the circumstances, the responsible party may offer a settlement or deny the claim. If the responsible party denies the claim or is unresponsive, it may be necessary to file a lawsuit. This requires additional steps such as obtaining legal representation, filing a court complaint, and conducting formal discovery. After completing the filing process, claimants must wait for a resolution of their claim. This can take anywhere from several weeks to several months, depending on the complexity of the case. It’s important to seek legal advice throughout the process to make sure that the rights of the claimant are protected. In general, claimants should take the necessary steps immediately after the accident, as delays may weaken the case and lead to problems in the future.
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