Page 147 - claims information pack ebook_e

Example Claim Form - Instructions

About your claim

Please read these notes carefully. Claimants are recommended to seek legal advice
Time Bar if they have not been able to settle their claims to
avoid their claims becoming time-barred. If steps
Claimants should submit their claims as soon have been taken to protect the claim against the
as possible after the damage has occurred. If 1992 Fund, any rights to additional compensation
a formal claim cannot be made shortly after an
incident, the 1992 Fund would appreciate being from the Supplementary Fund will be
notified as soon as possible of a claimant’s automatically protected. More details on time bar
intention to present a claim at a later stage. are available on request. You are strongly advised
to send in your claim and all documentation in
Claimants are reminded that their rights of support of your claim as early as possible.
2 compensation under the 1992 Civil Liability
Convention shall be extinguished unless Mitigation of losses
an action is brought thereunder against the You will be expected to try to lessen your loss
shipowner or his insurer within three years from (e.g. by using cost-effective response methods,
the date when the damage occurred. However by looking for other employment or ways of
in no case shall an action be brought after six making money, by promoting your venues in
years from the date of the incident which caused different markets or fishing in alternative areas
the damage. Where this incident consists of a etc.).
series of occurrences, the six years’ period shall You should notify the shipowner’s insurer/1992
run from the date of the first such occurrence.
<1>
Fund as soon as you suffer losses as they may
In addition, claimants’ rights to compensation be able to assist you to mitigate against further
under Article 4 of the 1992 Fund Convention losses. You should also preserve damaged
shall be extinguished unless an action is property so that the experts employed by the
brought thereunder against the 1992 Fund or a shipowner’s insurer/1992 Fund may view the
notification has been made pursuant to Article damaged property and the extent of the damage
7 paragraph 6 within three years from the date
sustained.
when the damage occurred. However, in no
case shall an action be brought after six years Future losses
from the date of the incident which caused the You cannot claim for future loss of income or
damage. damage until it has actually occurred.
<2>

<1> Article VIII of the 1992 Civil Liability Convention.
<2> Article 6 of the 1992 Fund Convention.