Boat accident

What is a boating accident?

Personal injuries, Deaths and property damage that occur as a result of an accident involving a yacht may entitle you to compensation. 

What does it take for me to receive compensation after a boating accident?

It is required that the person responsible for the accident has shown negligence. This is not the case as in car liability cases that compensation is awarded regardless of fault.

Who can I claim compensation from after a boating accident?

You can receive compensation under the boat's liability insurance or under the boater's or boat owner's liability insurance or directly from the boater or boat owner.

If there is no liability insurance for the boat, the boat driver or the boat owner, or if such insurance does not fully cover the loss, the injured party can claim compensation directly from the party responsible for the accident.

Do Norwegian yachts have insurance that entitles me to compensation?

In Norway, we do not have a mandatory liability insurance scheme for yachts. If the boat owner wants to take out comprehensive insurance that covers damage to the boat itself, the insurance company often requires that liability insurance must also be taken out to cover damage caused by the boat to people and property.

This type of liability insurance usually has an upper limit, so there may be claims where the insurance does not cover the entire loss. In that case, the party responsible for the damage may be liable for the rest of the loss.

What happens if the boat is not insured?

If the boat is not covered by liability insurance, or if the insurance does not cover the entire loss, you must check whether the boat driver or boat owner has their own liability insurance. This is often part of house/home insurance or travel insurance.

Such insurances also often have an upper limit, and negligence on the part of the boat driver is usually required for these insurances to apply.

Since not everyone has liability insurance at sea, in the event of a collision between two boats, for example, you may have to pay for damage to your own boat yourself, even if it is obvious that others are to blame for the damage.

And since blame is required in order to claim compensation, you may have to pay for damage to your own boat if another boat has collided with yours, provided that the collision is the result of a fortuitous accident, such as a technical failure.

It is therefore very important that you have comprehensive insurance for your own boat.

What compensation can I get after a boating accident?

The amount of compensation will depend, among other things, on the financial loss that can be documented or substantiated as a result of the accident, and whether the injured party, for example, has a dependent liability.

In addition to the liable party's liability, you may also be entitled to compensation under other insurance policies that you have taken out yourself or that others have taken out for you.

Is there a disability table for boating accidents?

Yes. Disability table is the starting point for assessing what you are entitled to in compensation for loss of earnings after a boating accident.

The disability table is a separate regulation called «Regulations on workers» compensation for occupational injuries", but is today also used to determine the degree of medical disability in compensation settlements for injuries after a boating accident.

The Disability Table sets out the medical disability percentage for a number of diagnoses, and this provides the framework for the assessment of your disability. medical disability to be determined by a medical specialist.

Can I receive compensation if I am employed on a boat?

If you, as an employee on a boat or ship, are injured in connection with your work, you will be entitled to compensation under your occupational injury insurance.

Read more about compensation for occupational injuries and compensation for occupational disease here.

In addition, there is any insurance for «loss of licence» (loss of certificates), and other insurances that the employer, i.e. the shipping company, may have taken out.

Should I contact a lawyer after a boating accident?

In most cases, you will need the assistance of an experienced compensation lawyer. It can be advantageous to contact a lawyer as soon as possible after the boating accident.

The lawyer will ensure that the claim is reported to the relevant authorities and that all deadlines are met.

Why should I choose Advokatfirmaet Halvorsen & Co?

Over almost 30 years, our clients have received billions of kroner in compensation. We have extensive experience in compensation cases and have assisted many clients after boating accidents.

We always offer a free assessment of your compensation case. Get in touch with us today.