What do I do if I am injured in a boating accident in NSW?

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.

How do I claim compensation?

To make a claim, you must complete an Application for Personal Injury Benefits through the SIRA Website.

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.

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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.

Find out more about our boating accident claim amounts

The Claims Process:

Obligation free meeting with Accredited Specialist in Personal Injury Law
Understand what you are entitled to, the process and timeframe
Proceed on a No Win No Fee basis
Your case is built using the best experts to achieve the optimum result
Your will be kept updated throughout the process
We will secure the financial result in the shortest possible timeframe

Rachel R.

09:13 17 Nov 24

Although a long journey, the team at Garling & Co Lawyers have been amazing. They are thorough and clear with the processes and the expectations. It is a pleasure dealing with Emma and Rebecca. They... take all the weight off our shoulders when it comes to all the legal stuff and they make us feel comfortable and confident in their ability to look after us.read more

Angie & Brian M.

00:58 18 Sep 24

We cannot recommend Garling and Co. Lawyers highly enough! Our principal solicitor, Matthew Garling, was absolutely outstanding throughout our entire legal journey. He, along with the fantastic team... in the office, especially Allison, provided outstanding support. They were always responsive, willing to listen, and took the time to thoroughly explain the entire process. Thanks to their dedication and expertise, we achieved a brilliant outcome.read more

Yanthi S.

11:22 12 Sep 24

I engaged with Garling and Co to assist me for my weekly payment dispute with the insurance. I was upset with Natasha, as she didn't prepare me to the worse outcome or told me about the kind of... negotiation in the hearing. I assumed that as a Lawyer she should have an experience with the process or the way to solve the case. Even though I asked her what should I do or what would be happened in the hearing a week before but she didn't mentioned anything, and told me not do anything. But in the hearing she and the Barrister only gave me less than 5 minutes to make decision and pushed me to accept the disappointed outcome and what she said in the hearing totally different with what she said earlier. I don't trust her at all, her words is not consistent.I would like to express my appreciation to Matthew Garling who had stepped in to handle my weekly payment issue with the insurance. He is very professional, knowledgeable, easy to talk to and very humble. My disappointment earlier has melted away by his kindness and caring to resolve my issue which has came out the great outcome. Now I am satisfied with his expertise therefore I would not hesitate to let him to handle the case I might have in the future.As I said before I would not hesitate to let my other claim to be handled by a professional as Matthew Garling. I would like to thank him for his time and effort to settle my case smoothly and I trusted him to give me the best outcome. Also I appreciated his support and his patience to answer my questions from the time I signed the agreement up to the day before the mediation. He did not promise the unrealistic outcome but what ever he promised that what the result was according to his experiences. And I would not forget to Alison, Nathan who also have assisted this matters, by gathering all documents and answering my questions.Also my appreciation to a Barrister Mr Dallas Morgan.So, in summary I am really grateful to have Garling and Co as my lawyer to handle my damaged claim.read more

Tina S

07:45 29 Aug 24

Thank you for the great outcome!

Lisa L.

05:18 13 Jul 24

Outstanding service and commitment to my case was delivered from the first point of contact right until the end of my successful case.Highest recommendations to the team at Garling and Co. Matthew... got me an excellent result and was available and informative throughout the entire foreign process of legal proceedings. He was wonderful and so was his team.If i could rate higher than 5 stars i would!read more

J B

07:12 02 Jul 24

Matthew Garling and all of the team were extremely professional and supportive throughout what was a very long and arduous CTP battle. I am happy with the result and feel that their fees were fair... and well deserved.read more

Nelson B.

02:11 30 Jun 24

Professional, prompt & honest service

Ray H.

07:33 13 Jun 24

Matthew Garling and Team are kind, patient, polite, professional, empathetic and efficient. I was treated terribly by the at fault insurer. Garling and Co. had my back. Matthew gently and patiently... kept me up to speed on all the steps to go through. From my personal experience I recommend these guys. They are safe hands. Thank you team.read more

Jo L.

05:58 07 May 24

So very impressed with the professional team who looked after me throughout the last 4 and 1/2 years. A special mention to Kerry and Nathan who navigated each request to fight for my right to gain... access to further treatments and physio and to ensure medical treatment would be covered moving forward. I was so grateful I could hand it all over to you and not have to go through this very challenging time without your support.I thank you for the compassion you have provided to me, from the first contact with Matthew and Natasha, to finalisation with Kerry and Nathan.I highly recommend the team at Garling and Co for any third party compensation claims. You are in good hands with them all.read more

Linda O.

21:53 06 May 24

Emma, Rebecca and the team at Garling and Co have worked diligently throughout my workers compensation claim. The level of professionalism, support and communication has been faultless. Of particular... note has been the sensitivity displayed to me throughout the lengthy process. Worker’s compensation claims are complex and not easy to navigate, particularly when you are unwell. I do not hesitate to recommend Garling and Co to help you find a way through this otherwise unfathomable system.read more

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Alternatively, we are available to talk by phone and email. Please contact our experienced accredited specialist personal injury lawyers to find out how we can help.

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