Operating a boat? You have the same duty of care to other people and watercraft you’d have while driving a car in Alberta. Your first duty is always to take whatever actions you can take to avoid causing accidents and injuries.
If someone else’s irresponsible boat behavior harms you in some way, you have the right to file an injury claim against them.
Unfortunately, recovering compensation for a boating accident can be complicated.
Does the at-fault party have insurance?
Many responsible boat owners choose to insure their watercraft, but boat insurance is not mandatory in Alberta.
If the operator is insured, their insurance company will generally be responsible for paying your claim.
What happens if the at-fault boater does not have insurance?
You still have options.
Boat owners tend to have other assets, so it’s still often worthwhile to pursue a personal injury lawsuit. You can hold them personally liable, and seek payment from their assets or income.
If the boat was a rental, the owner of the rental company might assume the liability instead.
If the watercraft was not insured and there are no assets to go after, your health insurance may pay the claim. It’s also possible for dedicated boat enthusiasts to purchase uninsured/underinsured motorist coverage that covers boating accidents. This coverage typically covers medical payments, lost wages, property damage, and other expenses related to boat accidents.
Check your insurance policy to determine whether you’re covered. If you do a lot of boating, speaking to your insurance agent about updating your policy might be worthwhile.
Launching Your Boat Injury Case
Once your lawyer has helped you identify a party who can pay for your personal injury claim, we’ll help you file it.
As with most injury claims, your boating injury claim will rest on our ability to prove negligence and to show that your injuries were the direct result of the other boater’s negligent behavior.
Often, this is easy. Operator error causes the vast majority of boater accidents. We see lots of unlicensed boaters, lots of boaters who are operating their boat under the influence, and lots of boats who ignore waterway traffic laws. This will not stop the defendant from doing everything in their power to mitigate their liability or to paint a picture that makes the boating accident seem like it’s your fault.
Get Help Today
Boating accident cases can get complicated. You will need help recovering money to cover your medical, rehabilitation, and lost wages. You’ll also need help maximizing your Alberta pain and suffering settlement.
The attorneys at Merchant Law have extensive experience pursuing compensation in boating accident cases. Many of our attorneys are boaters too, and have been handling cases like yours for over three decades.
Our team is responsive, empathetic, and skilled. We’re known for being some of Alberta’s savviest negotiators and most formidable litigators.