Page 135 - claims information pack ebook_e

Guidelines for presenting claims for clean up and preventive measures

8. How are claims assessed and paid?

8.1 Claims are assessed against three broad responding to a spill would be accepted as
questions: reasonable, they can avoid the need for a
detailed discussion of rates when a claim
(i) Were the actions taken reasonable?
is being assessed.
(ii) Were the costs of those measures
reasonable? and 8.4 In cases where further information is
requested but the shipowner’s insurer/1992
(iii) Is the calculation of the claimed expenses Fund consider that in the meantime you
correct? are at risk of suffering financial hardship, a

The approaches used by the 1992 Fund provisional assessment may be made on the
to judge whether claims and costs are basis of the information that is available. You
reasonable have been discussed earlier would be advised that the assessment can be
in sections 4 and 5. It should be recalled, revisited if further information to support your
30 however, that although the 1992 Fund relies claim can be provided. Any payment made on
on the advice of its experts, the assessment a provisional basis would be less than that
made by the 1992 Fund is made on a case- paid following a full assessment to ensure
by-case basis, taking into account the there was no overpayment. The amount of
particular circumstances of the incident any provisional payments would be deducted
from the final payment once the claim has
8.2 The way claims are presented is often unique been fully assessed.
to those particular circumstances and the
measures taken to meet the situation that it 8.5 If you are a contractor involved in a large
presents. In addition, administrations have ongoing incident resulting in cash flow
different ways of deriving and recording costs difficulties, you can submit a provisional claim
leading to differing approaches to claims’ or a series of provisional claims. Any interim
formulation. As a consequence, after an payments made would be taken into account
initial review of the claim documents, it is in the final settlement of your claim once
normal for further queries to arise and further operations have come to a close.
explanations to be required in order to allow 8.6 Once your claim has been assessed by the
the 1992 Fund and its experts to complete a shipowner’s insurer/1992 Fund, you will be
detailed assessment. The process is usually told how much compensation they think is
one of iteration with a series of exchanges fair, based on the evidence available from all
between the shipowner’s insurer/1992 Fund relevant sources. This assessment will be
and claimants, until it becomes clear how in writing and it will be given to you, as the
the claimed costs were derived and what claimant, or your representative if you have
these expenses represent. In most cases, nominated someone to act on your behalf.
on the basis of such a dialogue, an amicable
agreement can be reached on the amount 8.7 Usually an offer is made as a ‘full and final’
of compensation to be paid. settlement. This means that no further claims
for losses suffered during the period of the
8.3 Member States, response organisations current claim will be considered, and you will
and specialist clean-up companies are be asked to sign an agreement to this effect.
encouraged to consider ‘pre-agreeing’ You can make further claims if you feel that
rates with the 1992 Fund in anticipation of you have suffered losses after the period
a possible spill. Although such agreements to which your first claim relates, and these
cannot guarantee that all costs incurred in would be treated as separate claims.