Any injury or loss caused to you whilst you were either the operator or a passenger on a vessel, namely either a sail or powerboat may entitle you to compensation. At A & E Legal we can assist.
Our experienced solicitors will engage on your behalf by submitting a claim with the owner or operator of the vessel on which you were being conveyed and/or the owner or operator of another vessel which caused the incident which gave rise to your injuries. Our solicitors will fight for your rights and entitlements.
Who Can Claim?
The operator of or a passenger on a vessel who has sustained injuries can lodge a claim for their loss and damages.
What gives rise to boating claims?
Claims typically arise from the following:
- collisions with other boats, jetty’s and or sandbanks;
- injuries from boat propellers;
- boats hitting waves or the wakes of other boats;
- owners or operators of vessels not carrying safety gear;
- owners or operators of vessels not maintaining their craft.
What can I claim?
You can claim for all loss and damage suffered by you, i.e.:
- past and future loss of earnings;
- pain, suffering and loss of amenities of life;
- past and future medical expenses;
- hospitalisation expenses; and
- home assistance.
Can I claim for damages if the accident was partly my fault?
The accident will be deemed to be partially your fault if, you as a passenger:
- do not follow the lawful instructions of the operator of the vessel, for example you fail to heed a warning not to extend any part of your body outside of the vessel whilst it is underway;
- you were intoxicated and did not act in accordance with what is excepted of a reasonable person under the prevailing circumstances.
The amount of your claim will be reduced in accordance with your contributory negligence that is normally expressed as a percentage.
What should I do after an accident?
Immediately after you are in a position to do so:
- report the matter to the police or water police;
- take photos of the scene;
- obtain the names and contact particulars of all witnesses to the incident.
Who can I claim from?
Your claim will be against either:
- the driver of the vessel in which you were a passenger, or in certain circumstances the owner of the vessel;
- the driver and or owner of any other vessel involved in the incident.
Are there time limits?
There are strict time limits and normally, if you are an adult, you have 3 years from the date of the injury or from the date when you first noticed clinical signs of an injury.
Different time periods exist for children and we recommend that you contact us immediately.
Do I have to go to Court?
Most claims are settled without having to go to Court on trial. However, pre-trial conferences are held at the Court building in a more informal basis and we will be there to represent you through this process.
How long will it take and how much does it cost?
We will attempt to get through the claim procedure as quickly as possible by seeking the relevant expert medical advice from your doctors to ensure that your claim is settled at the right time. We will answer all your questions about legal costs at the first free consultation with you. However, in the event of a successful resolution of your claim, the person liable or their insurers will cover most of the costs.
Is the first consultation free?
The first consultation is free with no obligation on your part to proceed.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.