Page 136 - claims information pack ebook_e

Guidelines for presenting claims for clean up and preventive measures

8.8 Please be aware that the shipowner’s may contact you and arrange to discuss
insurer/1992 Fund may have to deal the matter in more detail. Whatever the
with hundreds or perhaps thousands of outcome the reasons for the decision will
compensation claims. Your claim will be be disclosed in writing.
assessed as quickly as possible but it may 8.10 If you still do not agree with the amount
take some time for the Fund to gather and offered, then you have the right to take legal
cross-check relevant information necessary action through the courts in your country.
to assess the claim, particularly if little It could be an action against the shipowner,
information has been submitted in support the insurer and the 1992 Fund, disputing
of your claim.
the assessment of the amount of your
8.9 If you do not agree with the amount of money losses. If you have not reached a
that you have been offered then you should settlement with the 1992 Fund before three
contact the shipowner’s insurer/1992 Fund years from the date of the damage have 31
(directly or through the local claims handling elapsed, the Fund strongly recommends
office, if there is one) and explain why you you file an action in court against it. At
think that the offer is not sufficient. If you this stage you would probably need to take
have new evidence to support your claim, you legal advice. If you take no action within
should submit that as well. The shipowner’s three years you run the risk of your claim
insurer/1992 Fund may decide to review your becoming time-barred and you would lose
claim and make a second offer in the light your right to receive compensation.
of new information, or it may decide that
the original offer was fair. The 1992 Fund