A bunch of wrong and irrelevant information here. I have read these posts three times and have yet to see stated in what jurisdiction this incident occurred. The country mentioned is Austria. While Austria has many wonderful lakes (and people), Iím quite sure this did not happening Austria.
The jurisdiction under which this case would be adjudicated would be the place that it occurred in or under international law if outside the territorial waters of any country.
I suspect that one or all of the parties; the alleged offender, his insurance
company or the owner of the damaged boat
are all Austrian. This is irrelevant. Assuming that the incident occurred in the territorial waters of some other sovereign country this is where the aggrieved boat
owner should bring a law suit or seek redress himself, not in Austria. Forget Austria.
If the alleged offender actually had a legitimate policy covering all aspects of maritime law, including public liability as should have been the case, that insurance
company is required to respond to any law suit filed against one of its policy holders anywhere in the world. Itís possible the alleged offender did not have such a policy but carried some sort of rudimentary coverage with severe limitations. These are frequently offered to marina managers and government
officials who require insurance in order to use their facilities or enter their waters.
A lawsuit properly filed with legal
notice properly given to the individual alleged offender at his physical address, not his insurance company, should be made. Under the provisions of subrogation, if the alleged offender has a legitimate policy of insurance, his insurance company, and/or he personally, is required to respond within the time allotted in the lawsuit or face a default judgment in the favor of the damaged boat owner.
Hiring a lawyer with experience in maritime law in the country where the incident occurred would be the first step. As others have mentioned, with two years having already passed the boat owner should be aware that there may be only a short time left (if any) to avoid the statute of limitations on filing such a law suit.