Page 100 - claims information pack ebook_e

Guidelines for presenting claims in the tourism sector

8.5 Usually an offer is made as a ‘full and final’ insurer may decide to review your claim and
settlement. This means that no further claims make a second offer, or it may decide that
for losses suffered during the period of the the original offer was fair. The 1992 Fund/
current claim will be considered, and you will shipowner’s insurer may contact you and
be asked to sign an agreement to this effect. arrange to discuss the matter in more detail.
You can make further claims if you feel that Whatever the outcome the 1992 Fund/
you have suffered losses after the period to shipowner’s insurer’s reasons for
which your first claim relates, and these its decision will be disclosed in writing.
would be treated as separate claims.
8.6 Please be aware that the 1992 Fund/ 8.10 If you still do not agree with the amount
shipowner’s insurer may have to deal offered, then you have the right to take legal
with hundreds or perhaps thousands of action through the courts in your country.
compensation claims. Your claim will be It could be an action against the shipowner,
assessed as quickly as possible but it may the insurer and the 1992 Fund, disputing the 23
take some time for the Fund to gather and assessment of the amount of your losses.
cross-check relevant information necessary If you have not reached a settlement with
to assess the claim, particularly if little the shipowner, the insurer and the 1992
information has been submitted in support Fund within three years of the date of the
of your claim. damage, the Fund strongly suggests you file
an action in court against it, or you run the
8.7 Sometimes an interim offer of compensation
can be made, particularly if the 1992 Fund/ risk of your claim becoming time-barred.
shipowner’s insurer believes that you are This means that you would lose your right to
suffering hardship due to the oil pollution. receive compensation. It is suggested that
This could be made before your claim is fully you refer to the Claims Manual and/or your
assessed, and will be for a lesser amount of own legal adviser if you wish to take this
money; this will be deducted from the final course of action.
payment once the claim has been assessed.
8.8 The local office, if there is one, will make
arrangements for you to be paid. Otherwise
the 1992 Fund will contact you to make the
arrangements. You will be asked to provide
some means of identification, such as a
passport, an identity card or a voter’s card.
8.9 If you do not agree with the amount of money
that you have been offered then you should
contact the 1992 Fund/shipowner’s insurer
(directly or through the local claims handling
office, if there is one) and explain why you
think that the offer is not sufficient. If you
have new evidence to support your claim, you
should submit that as well. The use of past
trading information to argue your case will
assist your claim. The 1992 Fund/shipowner’s