Page 148 - claims information pack ebook_e
P. 148

Example Claim Form - Instructions

















                        Representative/Adviser                      Interim claims
                        There is no requirement for you to use the   If you claim for loss of income over a long
                        services of, or employ a representative or   period (e.g. a fisherman claiming for losses
                        adviser to help prepare your claim. The     incurred during a lengthy fishing ban), you do
                        shipowner’s insurer/1992 Fund will be happy to   not have to wait until the end of the period
                        answer your questions, help you prepare your   in which all the losses occur, before making
                        claim and to fill out this form.            a claim. You may submit claim forms at

                        Amount of compensation                      intervals (e.g. monthly) and an assessment
                                                                    will be made as to what your income would
                        The maximum amount available under the      have been for each period and payment will
                        1992 Civil Liability and Fund Conventions to   be made accordingly.                     3
                        compensate all claimants with reasonable
                        valid claims amounts to [currency equivalent    Equal treatment of claimants
                        of sdr applicable to the incident]. This is a limit   All claimants will be treated on an equal basis;
                        and the actual amount paid in compensation   the latest claimants to present their claim
                        will be dependent on the proven losses.     before the expiration of the time bar have
                        Additional amounts are available under the   the same rights to compensation as those
                        Supplementary Fund.                         who applied in the early days following the
                        Percentage Payments                         incident.
                        If the total amount of the established claims
                        exceeds the total amount of compensation
                        available under the two 1992 Conventions, the
                        compensation paid to each claimant will be
                        reduced proportionately. When there is a risk
                        that this situation will arise, the 1992 Fund
                        may have to restrict compensation payments
                        to ensure that all claimants are given equal
                        treatment. The payment level may increase at
                        a later stage if the uncertainty about the total
                        amount of the established claims is reduced.
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