Uninsured Boaters Are Subject to Personal Injury Lawsuits

I was seriously injured aboard a neighbor’s boat last year, and I have talked to an attorney about a personal injury lawsuit. The attorney has advised against pursuing the claim because the boat was not insured and a mortgage has been recorded for almost the full value of the boat. The boat owner, therefore, has no equity in the boat – and since he has no other assets, it appears that we would have no chance to collect on the claim. My attorney suggested that I talk to a maritime attorney before giving up. Are we overlooking anything? Yes, it does appear that you have overlooked several issues. First, your attorney needs to familiarize himself or herself with the special rules that are unique to maritime liens and claims. Unlike claims against real property, the priority of one maritime lien over another is not based solely upon the date that the lien is perfected. Instead, maritime liens are classified by the nature of the underlying claim. And maritime torts, such as a personal injury claim, have a higher priority than a mortgage against the boat. Certain other claims, such as crew wages or salvage, are awarded an even higher priority, while...