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.
You then need to make an Application for Personal Injury Benefits through the SIRA website HERE.
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.
You cannot claim if you are charged with a “serious driving offence” in connection with the accident or were the at-fault driver of an uninsured boat.