In many ways, boating is like operating a motor vehicle. Operating under the influence of alcohol is prohibited in both situations. The statutes are nearly the same, and both are intended to protect the safety of others in the vicinity and their property. Similarly, a negligent boater is responsible for damages they cause, just as the responsible driver in a car accident is.
There’s one important difference, though: boaters aren’t required to carry liability insurance. That means if you’re injured by a boater who was drunk, speeding, or just not paying attention, you may have great difficulty collecting compensation from them.
Here’s what you need to know about the state of the law, possible changes on the horizon, and what you can do to protect yourself.
The State of Boating Insurance in South Carolina
While boaters aren’t legally required to carry insurance, third parties may require it. For example, many marinas require that a boat stored there be insured. If the boat is financed, the lien holder will likely require the purchaser to carry comprehensive and collision coverage-the coverage that will pay for damage to the boat or pay out its value if the vessel is damaged or destroyed.
Boaters are, of course, free to purchase boat insurance even if no one is requiring it. That’s a good idea for several reasons:
- It can protect you from personal liability or substantially decrease your liability if you’re at fault in a boating accident
- If you’re sued after a boating accident, your insurance carrier will provide a lawyer to fight the claim or negotiate a settlement
- Comprehensive and collision coverage can help repair or replace your boat if you’re at fault in an accident, or if your boat is damaged in some other way
- You can purchase uninsured boater coverage, which works much like uninsured motorist coverage–if you’re hit by an uninsured boater, your own insurance policy will provide you coverage
The requirements to purchase insurance and the cost of the insurance varies quite a bit depending on factors such as the type of vessel you are insuring, your past claims history and the amount of insurance you are purchasing. However, liability-only coverage is typically quite affordable.
A Bill in the South Carolina Senate Would Require Some Boaters to Carry Insurance
SB 26 was introduced in January of 2025 and referred to the Committee on Fish, Game and Forestry. The Committee reported favorably on the bill on January 29. However, there has been no further action on the bill.
If passed the legislation would require insurance only for certain vessels. Liability insurance of at least $50,000 per incident would be required for watercraft with more than 70 horsepower and personal watercraft or specialty propcraft. Unlike motor vehicle accidents, the minimum coverage would be for combined bodily injury and property damage.
However, the law would only apply to vessels titled in South Carolina or documented by the U.S. Coast Guard with a hailing port in South Carolina.
Violation of the requirement would be a misdemeanor, with increasing penalties for subsequent violations:
- First offense: a fine of not less than $50 nor more than $250
- Second offense: a fine of not less than $250 nor more than $500
- Third or subsequent offense: a fine of not less than $500 nor more than $1,000 and up to one year in jail
What to Do If You’ve Been Injured in a Boating Accident
First, remember that even though South Carolina doesn’t currently require boaters to carry insurance, many do. Ask the operator of the other vessel for insurance information and collect other identifying information.
As with any type of injury, your first priority should be to seek medical attention. If you’re unsure about whether you are injured seriously enough to need to see a doctor, it’s best to err on the side of caution. Many types of injuries can worsen if left untreated.
Then, contact an experienced Charleston boating accident lawyer to learn more about your rights, whether you have a viable claim for damages, and what type of damages you may be entitled to. Attorney Frank Hartman has dedicated his career to helping South Carolina injury victims get the compensation they deserve. He offers free consultations to make sure injured people have the information they need to make good decisions about how to move forward.
You can schedule yours right now by calling 843-300-7600 or filling out our contact form.