Just Had a Boating Accident on Biscayne Bay: What to Do Right Now

Call 911 or hail the U.S. Coast Guard on VHF Channel 16 right now, and do not leave the scene. Under Florida law, leaving the site of a boating accident that involves injury or death is a criminal offense. You must stay nearby, render aid to anyone hurt if you can do so safely, and exchange identifying information with the other vessel operator. Do not sign any documents or give a recorded statement to an insurance company until you speak with a personal injury attorney.

What is the very first call I need to make right now?

Call 911 and hail the U.S. Coast Guard on VHF Channel 16 at the same time if your equipment allows. On Biscayne Bay, responders can include the U.S. Coast Guard (Sector Miami), the Florida Fish and Wildlife Conservation Commission (FWC), which investigates boating accidents for the state, and local police marine patrols. If you launched from Haulover Marina, Crandon Marina, Matheson Hammock Marina, or Black Point Marina, one or more of these agencies will respond based on your location. Florida Statute § 327.30 requires every vessel operator involved in an accident to remain at or near the scene, provide reasonable assistance to the injured, and share their name, address, and vessel registration number. Leaving the scene when someone is hurt or killed is a crime.

When does Florida law require me to file an accident report?

Florida law requires a formal accident report when the crash causes death, disappearance of a person, injury needing medical treatment beyond first aid, or property damage at or above the threshold set by statute. Give notice to the FWC, your county sheriff, or local police department without delay; written report deadlines are short. Failing to report a qualifying accident can bring penalties under Florida law. This paperwork matters for your civil claim because the FWC’s Boating Accident Report often becomes the foundation of your injury case, it includes vessel inspections, witness statements, and possibly toxicology results that help establish fault.

What evidence disappears on the water and how do I save it right now?

Unlike car crashes, Biscayne Bay accidents leave no skid marks, traffic signals, or permanent road features. Evidence vanishes fast. Act immediately in this order: (1) Take photos and video of both vessels, all damage, hull registration numbers, and visible injuries, before either boat moves. (2) Record or photograph the other vessel’s Florida registration number (the “FL” number displayed on the bow) so you can identify the owner. (3) Save GPS track data from chartplotters, phones, or handheld units; this shows speed and course but may auto-delete. (4) Get names, phone numbers, and vessel details from all witnesses, other boaters scatter within minutes. (5) Note wind, visibility, wave height, and time of day. (6) Secure any footage from GoPros, fishing cameras, or dash-style devices. An attorney can send a preservation letter to marinas, rental operators, or nearby vessels to hold footage, but only if contacted quickly.

I feel fine, do I really need to go to the hospital?

Yes. Go to the hospital or an urgent care center now, even if you feel okay. Serious injuries from boating crashes often show up hours or days later. Common delayed conditions include concussion or traumatic brain injury, spinal cord damage, internal bleeding from blunt-force impact, lung issues from near-drowning, and neck or back soft-tissue injuries. A gap between the crash and your first medical visit gives the other side grounds to argue your injuries came from something else. Because Biscayne Bay is a navigable waterway connected to interstate commerce, federal maritime law may apply, and some admiralty claims have unique procedural rules that make prompt medical documentation essential.

Should I talk to the other boat’s insurer or sign anything they send me?

Do not give a recorded statement, sign a release, or accept any settlement offer before speaking with a lawyer. Anything you say in a recorded call can be used to argue you admitted fault or downplayed your injuries. If Florida’s modified comparative negligence rule applies and you are found more than 50 percent at fault, you recover nothing (federal maritime law, where it applies, may handle shared fault differently), and insurers use early statements to build that argument. Initial settlement offers often do not account for long-term costs, especially when injuries like concussions or organ trauma take weeks to fully appear. Also, liability insurance is often optional for recreational boats in Florida, so coverage may not exist at all. And no, your auto PIP policy does not automatically cover boating accidents, that is a common misunderstanding.

What does a boating accident lawyer actually do in the first 48 hours, and how do I reach one now?

In the first 48 hours, a boating accident attorney will: send preservation letters to marinas, rental companies, and vessel owners to secure GPS logs, maintenance records, and video; obtain the official FWC and Coast Guard investigation files; identify all potentially liable parties, including the operator, owner, rental company, or even equipment manufacturers; advise you on your reporting duties under Florida law without risking self-incrimination; and determine whether federal maritime law, Florida state law, or both apply to your case. Because Biscayne Bay is a navigable waterway, admiralty jurisdiction often applies, and deadlines can vary depending on who is sued and under which legal framework. Consult an attorney immediately to determine which deadline applies to your specific claim. Hurt in an accident in Hialeah? Call Wolfson & Leon at 305-965-3766 for a free consultation. We speak Spanish, and there is no fee unless we win.

Frequently asked questions

Who is liable after a boating accident on Biscayne Bay?
Liability can extend beyond the person at the helm. The boat owner, rental company, charter operator, or even a manufacturer of faulty equipment may share responsibility. An investigation is needed to identify all potentially liable parties.

Does my car insurance or PIP cover a boating accident in Florida?
No. Your auto PIP coverage does not apply to injuries sustained on a boat. Separate boat insurance, if it exists, would govern liability and medical payments, but some recreational vessels may carry no coverage at all.

What happens if the other boater leaves the scene after hitting me?
Leaving the scene of a boating accident involving injury or death is a criminal offense under Florida Statute § 327.30. Report it immediately to the Coast Guard and FWC. You may still have a claim through your own uninsured boater coverage, if you have it, or other legal avenues.

How long do I have to file a lawsuit after a Biscayne Bay boating accident?
The deadline depends on whether state or federal maritime law applies and who the defendants are. Some maritime claims have shorter notice requirements or filing windows. Do not assume you have years, consult an attorney right away to identify the correct deadline for your case.

Do I have to report the boating accident even if the damage seems minor?
Only if the accident meets the statutory triggers: injury beyond first aid, death, disappearance, or property damage at or above the threshold set by law. When in doubt, report it. Failing to report a qualifying accident can bring penalties and can weaken your civil claim.