Boating Accident Reports: When You Must File and What to Collect

Check every person aboard and in the water. Get injured people first aid and call for medical help. Stop any flooding or fire if you can do it safely, and turn off the engines if fuel is leaking. Show your distress signals if you need help. The scene can wait.

Federal law (46 U.S.C. 2303) requires the person in charge of a boat involved in a casualty to help anyone affected, as far as they can without seriously endangering their own boat or crew. You must also give your name, address and boat identification to the other operator, to anyone injured and to the owner of any damaged property. Leaving the scene without doing this can bring a fine or jail time. The same law protects people who help in good faith and act reasonably.

If someone dies or disappears from a boat, the operator must notify the nearest reporting authority without delay, by the quickest means available. In practice that means calling 911, the state boating or wildlife agency, or the Coast Guard on VHF channel 16 right away. The rule also covers everyone else aboard: each person must make the notice or confirm someone else has. This call is separate from the written report.

For any accident with injuries, serious damage or a dispute about fault, call 911 or the local marine patrol (sheriff, state wildlife or natural resources officers, or harbor patrol). An officer's report helps later with the state, your insurer and the other party. Write down the officer's name, agency and any case number.

Once people are safe, take lots of photos and video:

• Damage to every boat involved, close up and from a distance, plus any damaged dock, piling or other property.
• Each boat's registration numbers or name, and its hull identification number (HIN) if you can see it.
• The scene: water conditions, weather, nearby buoys, markers, landmarks and any obstruction.
• Injuries, with permission.
• Your chartplotter screen showing position and track, before you clear it.

Take more than you think you need. Phone photos record the time, and many also save the location.

Use the notepad in your zip bag. Federal rules list what a report must contain, if available, so collect it now:

• Date, time and exact location: nearest town, county, state and body of water, plus GPS position if you have it.
• Everyone involved: names, addresses, phone numbers and ages of operators, owners, passengers, injured people and witnesses.
• Each boat: registration or documentation number, HIN, make, model, length, hull material, engine type and horsepower.
• Conditions: weather, wind, waves, visibility, and the weather forecasts and reports you used before and during the trip.
• What happened: speed, direction, what each boat was doing (cruising, fishing, towing a skier and so on) and the type of accident (collision, grounding, capsizing, fire, fall overboard and so on).
• Equipment failures: anything that broke or failed and may have contributed.
• Injuries and damage: a description of each injury and treatment, and of all damage, with a rough repair estimate.
• Life jackets, alcohol and training: whether life jackets were worn, whether alcohol or drugs were involved, and the operator's experience and boating safety training.

33 CFR 173.55 sets these deadlines for the written report:

• Within 48 hours if a person dies within 24 hours of the accident, is injured and needs medical treatment beyond first aid, or disappears from the boat.
• Within 10 days in all other reportable cases, such as a death more than 24 hours later or damage of $2,000 or more.

Your state may set shorter deadlines. Mark the date on your calendar the day of the accident.

The federal form is the USCG Recreational Boating Accident Report (CG-3865), with a Spanish version (CG-3865-SP). The Coast Guard says most states accept it, but some require their own form, and some take reports online. Find your state boating agency on the NASBLA contacts list or your state's boating or wildlife website, and use the form they want.

The report must be in writing, dated and signed by the person who prepared it. Stick to facts you know. Where the form asks for your opinion of the cause, give it honestly and briefly. Attach photos or a sketch if the form allows. Make a copy or take photos of every page before you send it, and note how and when you sent it.

Report the accident to your insurer as soon as people are safe, even if you are not sure it is a covered claim. BoatUS Marine Insurance's claims manager advises calling right away when in doubt. A small claim under the deductible can be withdrawn, but a late report can cause problems. Ask for a claim number and your adjuster's contact information. Do this even when the other boater is clearly at fault and their insurer is paying; your own agent can tell you what your policy covers and how to deal with the other company. The accident report to the state does not replace the insurance claim, and the claim does not replace the state report.

Take reasonable steps to stop more damage: pump out water, cover openings, and get the boat hauled or towed if needed. Keep receipts for that work. Do not throw away damaged parts. BoatUS describes a claim that could not be decided because the repair shop discarded a water-damaged air conditioner before the insurer saw it. Let the adjuster inspect before major repairs unless it is an emergency.

Someone who says "I'm fine" at the dock may see a doctor the next day. If they get treatment beyond first aid, the 48-hour federal deadline may apply. Tell your insurer about any possible injury. BoatUS notes cases where a guest said it was no big deal, then filed a lawsuit months or years later.

Put everything in one place: your notes, photos, a copy of the report, the officer's case number, the insurance claim number, repair estimates and invoices, medical bills, and every letter or email. Write down the date, name and summary of each phone call.