The wind was gusting to 22 knots as we cruised toward the dock. My sailing buddy Jill and I had discussed our landing strategy: turn into the wind, drop the mainsail and coast toward the U-shaped dock. I moved the tiller to the left and called for Jill to drop the sail.

But rather than slowing, our 19-foot Cape Dory Typhoon picked up speed, heading straight for the end of the dock. I made a split-second decision to turn the boat around, slamming the tiller hard to the left. But it was too late. The boat jerked, missed the dock and ran smack into the neighboring 30-foot Turissimo catamaran. Our bow pierced its hull, and in an instant, our enjoyable day of sailing had turned to misfortune.

Each year thousands of people are involved in boating accidents like this one. According to the U.S. Coast Guard, nearly 5,000 recreational boating accidents were reported in the United States in 2005, resulting in more than $38 million in property damage. Only about 5 percent of those accidents involved sailboats, but to make a fair comparison, remember sailboats make up only about 2.2 percent of registered vessels. The most frequently reported accidents were collisions with another vessel.

So, what’s the protocol if you find yourself in the same boat as I did—that is, involved in a boating accident causing property damage? According to Daniel Chu, Monroe County, Florida, Sheriff’s Department Marine Patrol Deputy, you should treat on-water accidents in the same manner as those occurring on land. “Boating accidents have specific rules and regulations dictating how they are handled, but the basic manner of documenting and reporting is the same.”

The following steps will help you get through an accident and back on the water as soon as possible.

1. Report the accident to the proper authorities.

Boat operators are required to file a formal, written accident report in the state the accident occurred if there is complete loss of a vessel or damage exceeds $2,000. Previously, the minimum for reporting property-damage-only accidents was $500, but the U.S. Coast Guard raised the monetary requirement in 2001.

Many states, however, still require reports for damages as low as $100, according to Jeff Hoedt, Chief of the Office of Boating Safety, U.S. Coast Guard Headquarters in Washington, D.C., which compiles boating accident statistics.

“Each state authority can set its own limits, as long as they are not higher than the federal standards,” he explains. “It’s important to check with your individual state to determine what’s required.”

If you don’t know what agency governs boating in your state, the best place to find out is the National Association of State Boating Law Administrators at www.nasbla.org/blas.php, or call (859) 225-9487. A list is also located at www.BoatUS.com/gov.

For property-damage-only accidents, you have between five and 10 days to file a report. Again, check with your local boating authority for specific deadlines.

If an accident involves injuries, the first step is to get help. “Call 911, the police or an ambulance,” Chu says.

But even after the injured person has been taken care of, you’re not off the hook. By law it’s required to file a formal written report for any boating accident involving a fatality, disappearance or injuries requiring more than first aid. In almost all instances, these reports must be filed within 48 hours.

“Leaving the scene of an accident, failure to provide aid to a victim or failure to report an accident are all unlawful,”

Chu said.

2. Report the accident to the property owner.

If there are no injuries and the damages are minor, the first step is to find the owner of the boat or property. If you can’t contact him or her in person, Chu suggests leaving a note with your full name, address or phone number, vessel identification number and an account of the incident.

“A statement of the facts and your contact information is sufficient in a minor accident,” Chu says. “If the damage is more serious, you should contact the local law enforcement agency to do a report immediately.”

3. Document the damage.

Write down all the relevant information about your location, registration numbers of the boats involved, number of passengers, weather conditions, wind speed and other information. Chu also recommends writing your account of the accident in chronological order.

“Take note of everything that happened while it’s fresh in your mind. Regardless of fault, list what factors contributed to the accident: equipment failure, wind, foreign objects in your path. Anything that might help with an accident report or insurance form,” he explains.

Chu also recommends taking photos of the damage and the surrounding area as soon as possible. In addition, get personal information and a statement from any witnesses. “The more information you record, the better off you’ll be in the long run. You’re just protecting yourself from liability issues down the line,” he adds.

4. Contact your insurance company.

If you have boat insurance, check with your representative about coverage and to report the incident, if necessary. If you belong to a sailing club or marina, check with their insurance, as well. Even if it won’t cover damages, it may cover liability.

In addition, many policies cover uninsured boaters.

“All our policies include additional liability coverage for an accident caused by an uninsured boater,” says Lewis Simon, Underwriter for Boat U.S. Marine Insurance.

Although no state or federal laws require boat insurance, it’s a good idea to have some protection. Boat U.S. and other companies offer a variety of policies with unique features and coverages.

“A full-coverage policy would cover your own hull and damage of other property,” Simon said. “Or you could choose a stand
alone liability policy or actual cash value coverage. It all depends on how much you want to spend and how much protection you need.”

You can also get add-on coverage for personal effects, fishing equipment, towing and emergency assistance, wreck removal, etc. Many insurance companies offer discounts for completing an approved boating safety course, having a good vehicle driving record or not being involved in any boating accidents over a specific time period.

5. Take responsibility for the damages.

This may be the most difficult and unpleasant part of the entire process. When you speak to the owner for the first time, do not let emotions get out of control. No one was hurt and the damages can be repaired. You have taken the proper steps to protect yourself and done everything the law requires. Now it’s time to work out the details.

If you don’t have insurance or it won’t cover the damages, ask the owner if his insurance will and offer to pay the deductible. Regardless of insurance, you have the right to ask the owner for three repair estimates. If no insurance comes through, offer to pay the lowest estimate. Make sure you get a copy of the estimate, as well as a signed release agreement from the owner.

A release agreement such as Release of Accident Claims is an enforceable promise not to proceed with a legal claim in exchange for money or other compensation. It also assures the “releaser” won’t come after you for additional compensation. You can download these types of forms from a variety of Web sites for about $10. Some examples of sites are www.nolo.com, www.lawdepot.com and www.releaseforms.us. Or just type “release forms” into your search engine.

6. Create a folder for all the information collected and keep it in a safe place.

Chances are, you won’t ever need it, but if you do, you want to be able to get your hands on all the preparation you’ve completed. If you can’t locate all the information you’ve collected, it won’t do you any good.

In my case, the catamaran was repairable and no one was injured. Nevertheless, boat repairs were estimated at $2,000 and no insurance would cover it. My mate and I paid the price for a few valuable lessons that day—on and off the water.