Boating
Do You Have to Report a Boating Accident in California?
By Captain Mitchell S. StollerLast reviewed October 28, 2026
Who has to file the report?
The operator of each boat involved. If the operator cannot file because of injury, the owner should. Each boat in a multi-boat accident needs its own report. Law enforcement officers who respond may also write their own reports, but those do not replace the operator's duty.
What are the deadlines?
- A person dies within 24 hours: 48 hours
- A person disappears from the boat: 48 hours
- An injury needs medical treatment beyond first aid: 48 hours
- A death after 24 hours: 10 days
- Damage to boats or property over $500, or a boat is lost: 10 days
Check the Division of Boating and Waterways website for the current form and any changes.
Can the report be used in a lawsuit?
California's Division of Boating and Waterways states that boating accident reports may not be used to prosecute violations and may not be used in civil litigation of any kind. Many people assume the report they filed will tell their side of the story in court. In California, it generally will not.
That makes everything else more important.
What evidence does count?
- Law enforcement records. Reports and notes from the sheriff's boating unit, harbor patrol, or state parks officers, which are separate from the operator's report. Your attorney can request them.
- Photos and video, yours and anyone else's.
- Witnesses, including people on other boats and on shore.
- Phone and GPS data that can show where the boats were and how fast they were going.
- Medical records that document injuries close to the time of the accident.
- The boats themselves. Damage patterns help show angles and speeds, so the boats should not be repaired before they are inspected and photographed.
What about Arizona?
Arizona has its own reporting rules through the Arizona Game and Fish Department. Federal rules set a minimum for every state, and states can set stricter requirements. If your accident happened on the Colorado River, the location may decide which state's rules apply.
Questions to ask your attorney
- Has every required report been filed on time?
- Which law enforcement agency responded, and can we get its records?
- Should the boats be inspected before anyone repairs them?
- Does California or Arizona law apply on the water where I was hurt?
Related service: Maritime Expert Witness Services
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Attorneys: request a conflict checkAbout the author
Captain Mitchell S. Stoller is a Master Mariner Unlimited, former Exxon tanker master, and former Los Angeles Harbor pilot. About Captain Stoller
Captain Stoller is a maritime consultant, not an attorney. This article is general information about maritime operations and is not legal advice. His opinions in any case depend on the evidence in that case. Read the full disclaimer.