Page 127 - claims information pack ebook_e

Guidelines for presenting claims for clean up and preventive measures

6. When should you make a claim?

6.1 You should try to submit your claim as soon Once all non-government claims have been
as possible. If you are considering making a settled there is sometimes sufficient money
22 claim at a later stage you should inform the remaining to settle government claims, at
1992 Fund of your intention to do so.
least in part. However, it can take several
6.2 Compensation is normally only paid for years to settle all the non-government
expenses that have already been incurred. claims and so it is most important that even
While it is important to inform the 1992 Fund SLQ claims are examined as soon as possible
at the earliest opportunity that an incident after the incident rather than waiting to see
has occurred and that a clean-up operation if there is sufficient money remaining. With
is underway, costs can only be reimbursed the passage of time, governments may find
some time later. However, the 1992 Fund it more and more difficult to provide the
understands that cash flow problems can necessary information to satisfy queries
arise if clean up continues over several weeks raised by the shipowner’s insurer/1992 Fund.
or months. Workers’ wages are usually paid The individuals who were involved at the time
on a weekly basis and can put a severe strain of the incident, and who might have been
on finances especially in a large, complex able to assist in answering the queries of the
spill where the wage bill can represent a shipowner’s insurer/1992 Fund, may
substantial sum of money. In such cases, no longer be available.
multiple claims can be submitted as the
work progresses enabling these claims to 6.4 Whatever the period of your claim, you should
be assessed and provisional payments to be try to submit your claim as soon as possible
considered. It is likely that such provisional and it must be submitted within three years
payments will only meet a proportion of the of the damage taking place. If you have made
costs claimed, pending a final assessment, a claim, but have not come to an agreement
but they are intended to alleviate the with the shipowner’s insurer/1992 Fund
immediate cash flow difficulties. within three years of the damage occurring,
6.3 Government claimants may choose to you must protect your rights in court. Failure
stand last in the queue (SLQ) if the value of to do this will result in you losing your right to
established claims is likely to exceed the compensation. Although damage may occur
money available under the Conventions and some time after an incident takes place, court
there is a risk that claims will need to be action must in any event be brought within
pro-rated. The purpose of SLQ is to increase six years of the date of the incident (see
the level of payments to non-governmental section 2.5 of the Claims Manual for further
claimants or to avoid pro-rating altogether. information).