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Boating Accident Lawyers
If you have been injured as a result of a boating accident, you may be entitled to compensation. The amount and type of compensation you can claim will depend on the circumstances of your accident.
If you have sustained an injury by another boat, or watercraft that was operated in a negligent manner and the operator of that boat or watercraft could have taken reasonable steps to avoid the accident, then you may be able to make a claim for compensation.
Boating accident compensation claims
Boating accident compensation claims can occur in a number of circumstances and include the following:
- An injury whilst a customer on a ferry
- Being hit by a boat which should have seen and avoided you
- Crush injuries between a boat and a pier
- Injuries as a result of jet ski accidents
- Injuries as a result of yachting accidents
- Slip and falls on ferry or boat
Who is responsible for my injury sustained on a boat?
The boat operator or the person who is in charge of the boat will have responsibility for any personal injury sustained on the boat. The owner of a vessel may also owe a duty of care in some circumstances. It is not compulsory for people who own and operate boats to have insurance that covers them for any injury sustained due to their negligence. Nonetheless, the majority of commercial vessels and most recreational boats and jetskis do have public liability insurance that covers them in case they negligently injure a third party. In those cases, a claim is made against the public liability insurance policy.
What Type of Compensation Could I be Entitled to Receive?
If your injury was sustained as a result of the negligence of the boat operator, you are entitled to claim compensation as allowed under the Civil Liability Act, 2002 (NSW) and may be entitled to the following:
- Pain and suffering – this is an amount of compensation for pain and suffering, loss of amenities, disfiguration, loss of life expectancy and loss of enjoyment of life.
- Past and future loss of income – if you are employed at the time of the accident and cannot work as the same capacity as before the accident or at all, you are entitled to claim compensation for loss of wages, bonuses, overtime and superannuation.
- Past and future out of pocket and medical expenses – if because of your injury you have incurred medical treatment, including travel expenses due to your injuries you are entitled to claim those expenses that you have incurred in the past and are likely to incur into the future. This would include the cost of doctors, physiotherapy, medication and hospital treatment.
- Past and future care and assistance – you are entitled to claim any domestic or personal care and assistance such as help with gardening, cooking and washing that you may have needed both in the past and future because of the injuries you have sustained.
How The Claims
Process Works
From your first consultation to settlement, we guide you through every step of your claim so you know exactly what to expect.
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Understand what you are entitled to, the process and timeframe
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Proceed on a No Win No Fee basis
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Your case is built using the best experts to achieve the optimum result
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You will be kept updated throughout the process
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We will secure the financial result in the shortest possible timeframe
Have you suffered a
serious injury?
Allowing seriously injured people to secure the compensation they deserve so they can return to enjoying life.
Unsure? Give us a call
What Our Clients Are Saying
Featured Testimonial
I cannot speak highly enough of my experience with this workers Compensation team. When I first reached out, I was completely overwhelmed and unsure about the process. I hit rock bottom - unable to return to work, struggling emotionally, and feeling like I had no direction. From the very beginning, the solicitors were nothing short of amazing. They were patient, understanding and incredibly supportive at a time when I needed it most. They took the time to explain every step in a way I could understand, never making me feel rushed or alone. Their professionalism was matched only by their compassion and that combination made all the difference. Throughout the entire journey, I felt heard, respected and genuinely cared for. They fought for me when I didn’t have the strength to fight for myself and thanks to their dedication, I was able to get the outcome I needed to rebuild my life. If you’re unsure, scared or feeling lost like I was, I can confidently say you will be in the best hands with this team. They helped me through one of the hardest chapters of my life, and I am truly grateful. I can’t thank or recommend Garling & Co Lawyers enough.
Matthew Garling and his team have provided incredible support and guidance throughout my MVA damages claim this year, and I can’t thank them enough for making this journey feel like such a breeze. When I initially engaged Garling & co, I had no understanding of what was ahead. I was anxious and unsure about the process, while also navigating the physical challenges of my injuries. With assurance that my matter was being handled with high level of expertise, professionalism and integrity, I was able to focus on recovery instead. Throughout the process, Matthew and Allison have been honest, straightforward and efficient in all communication; being a supportive buffer in all dealings with the insurer, and consistently committed to a successful outcome. The outcome was excellent, and it is with huge relief and great thanks that I can put this matter behind me. I would highly recommend the services of Garling and co for any injury claims of a similar nature, and I’m forever grateful to Matthew and his team.
A big thank you to Matthew for his expertise, dedication, and genuine care in handling my matter. The outcome exceeded my expectations, and I am truly grateful for the excellent work of his entire team. Outstanding results - highly recommended.
Why Should I Choose Garling&Co Lawyers?
At Garling&Co Lawyers, we treat our clients with respect and support through what can be difficult process. Our lawyers have extensive experience and are all Accredited Specialists in Personal Injury Law, who are dedicated to achieving the best outcomes for our clients. Here are some key reasons to choose us.
Boating Accident Lawyers Frequently Asked Questions
To claim compensation, you must have sustained an injury due to the use or operation of a boat in NSW.
Any kind of user can claim the Act, including; the driver or the passengers.
The system is no longer fault-based; anyone injured by a boat can claim statutory benefits no matter who caused the accident.
To make a claim, you need to do the following –
- Seek immediate medical assistance from your local general practitioner or, if necessary, the emergency department of the nearest hospital.
- Report the accident to the police within 28 days and obtain an event number.
- If you can, get the following information: –
a. The name, address, licence details, and phone number of any driver of the vehicle involved in the accident.
b. The make, model, and number plate of any boats involved in the accident.
c. Contact details of any witnesses.
d. If possible, take photographs of the accident scene, including the location and damage to any boats.
If the injury is a result of a boat accident that is also work-related, you will also need to make a worker’s compensation claim against your employer’s worker’s compensation insurer.
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The accident must be ‘verified’ before a claim can proceed – there must be proof that the accident happened. The best evidence is reporting the incident to the police within 28 days.
The police will give you an event number, which you must include in the Application form.
Verification of accidents will prevent people from making exaggerated or false claims and ensure that the scheme supports people in genuine need.
The simplest form of verification is a police event number, so you should report the accident to the police as soon as possible if they did not attend the scene. You can do so by contacting the Police Assistance line on 131 444.
Other forms of evidence could include news reports, photos of the accident scene, or statements from witnesses.
To make a claim, you must complete an Application for Personal Injury Benefits through the SIRA Website HERE.
You will need the registration number of the vehicle you consider most at fault.
You must have notified the Police of the accident within n28 days and have an event number.
If you don’t know the registration number (license plate), you might be able to get it from the police. Look at your police report, or contact the Police Assistance Line on 131 444.
You need to take all reasonable steps to find the registration number, but if you can’t, you can still make a claim. Call CTP Assist on 1300 656 919 for assistance.
If you believe you were at fault, you can still make a claim. You will provide the registration number of the vehicle you were driving.
Find out more about Motor Accidents
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