Page 134 - claims information pack ebook_e

Guidelines for presenting claims for clean up and preventive measures

Extra payments 7.4.2 If you are lacking information or documentation
you may still be able to make a claim by providing
7.3.10 You must declare any payments, aid or
compensation you have received from as much information as you can. Independent
other parties or paid under an insurance anecdotal and circumstantial evidence, such as
policy to assist with the costs of clean-up media reports, indicating the extent of pollution
operations. Such payments may be taken and response efforts, photographs of the clean-up
into account when working out the amount operations and the application of reasonable rates
of compensation due from the 1992 Fund. could provide you with sufficient information to
calculate your approximate costs. Nevertheless,
7.3.11 Please note that any inaccuracy in the the underlying requirements as set out in paragraph
documents or statements submitted may 4.1 still have to be met for compensation
lead to delays in handling the claim and/or to be paid.
in its rejection. You are therefore advised to
ensure that the claim is a true and accurate 7.4.3 Any difficulties in compiling supporting information
reflection of your actual costs and that should be discussed with a representative of the
it includes information on any financial shipowner’s insurer/1992 Fund who may be able
assistance you may have received. to offer further advice and assistance. Assemble 29
whatever limited evidence you have to support your
Fraud claim. Do not provide falsified records as these will
7.3.12 The 1992 Fund takes the presentation of be detected and your claim may be rejected as a
fraudulent documentation seriously and if it consequence. Providing fake documents in support
becomes aware that such documentation has of a compensation claim is fraudulent and you may
been submitted in support of any claim, the be prosecuted under your domestic legislation.
1992 Fund reserves the right to inform the
appropriate national authority.
7.4 What if you have poor records
or no evidence?
7.4.1 In most Member States accountability for
public expenditure is rigorously observed and
records are routinely maintained to justify
expenditure. Claims against the 1992 Fund
are no different. However, it is possible that
circumstances could arise so that no records
exist, for all or part of the response, or only
limited information is available to support the
claim. This might be because in the Member
State concerned, detailed record keeping is
not the norm or because in the emergency
situation of the initial response there was no
realisation that claims would later need to
be made. Another possibility is that a very
long time has elapsed between the incident
occurring and the claim being submitted,
during which records have been lost and
the individuals concerned at the time are no
longer available to provide the necessary
explanations to support the amount claimed.