Page 126 - claims information pack ebook_e

Guidelines for presenting claims for clean up and preventive measures

expressed as a percentage can represent 5.34 In most cases settlement of claims for
exceptionally large sums of money which preventive measures is reached through
far exceed the actual cost of meeting amicable agreement without the need
these types of expense. In such cases for the case to be referred to a court.
general practice has been to apply reducing Consequently legal advice is usually not
percentages if assessed costs exceed necessary to support claims for clean-up
a series of defined thresholds. activities in a 1992 Fund Member State.
However, if settlement has not been reached
5.32 Organisations involved in a response are
often required to contract or sub-contract within three years of the date of the incident
services, for example clean-up companies, (or the date of damage if it occurs after
vehicle operators, catering companies, the incident), you may need legal advice to
etc. and each contractor/sub-contractor protect your claim (see paragraph 8.10).
may invoice an additional percentage for The 1992 Fund would meet the reasonable
administration. Where the chain of sub- costs of that advice.
contracts is extensive, the shipowner’s
insurer/1992 Fund will compensate 21
a reasonable overall percentage.
Use of advisers
5.33 There may be a need for some
professional assistance in making a
claim for compensation. In some cases
compensation can be claimed for
reasonable costs of work done by an
adviser. As part of its assessment of a
claim, the 1992 Fund will look at the need for
such advice or help, how well it was carried
out, how long it took, how much it cost
and its value to the claim review process.
In a major incident with the involvement
of several authorities, agencies and Salvage?
contractors working at numerous clean-up
sites, compiling a claim can be complex and wildlife?
bringing together all the required supporting
documentation can be very time consuming.
In such circumstances the reasonable
costs of formulating the claim may also be
included in the claim. For less complex claims
it would be expected that such costs would
be included within administrative costs.