Page 149 - claims information pack ebook_e
P. 149

Example Claim Form - Instructions









                 How to fill in your claim form






                 Please read these notes carefully.         Selecting a claim Category
                 This claim form is in three parts. You must   The 1992 Fund places claims for damage caused
                 complete and return each part:             by oil pollution into one of five categories. If you
                 Part 1                                     have a claim in one or more of the categories, you
                 Details of the claimant – person(s), business,   should complete the corresponding section(s) of
                 government department or State making the claim.   the claim form:
                 Part 2                                                                 Section to
                 Details of the claim – loss and/or damage suffered   Claim Category    complete
                 as a result of the contamination. Please select
                 the appropriate claim category (see below) and   Costs of clean up and    Section A
        4                                                    preventive measures
                 complete the section(s) which is (are) relevant to
                 your claim(s). You must complete the form for each   Property damage
                 business for which you are claiming. Please use the   (eg cleaning, repairing or
                 checklists provided for each claim category.  replacing property that has    Section B
                                                             been contaminated by oil such
                 Part 3                                      as the hulls of vessels)
                 Declaration – claimants are required to make
                 a declaration that their claims are a true and   Economic loss in the fisheries,
                 accurate reflection of their losses. The shipowner’s   mariculture and fish processing   Section C
                 insurer and the 1992 Fund take the presentation   sectors
                 of fraudulent documentation seriously and if they
                 become aware that fraudulent documentation has   Economic loss in the tourism
                 been submitted in support of a claim, they reserve   sector and other related   Section D
                                                             businesses
                 the right to inform the appropriate national authority.
                 By signing the declaration, claimants are deemed   Other losses including costs
                 to have agreed to the disclosure of the information   of reasonable measures to   Section E
                                                             reinstate the environment
                 contained within the claim form and any supporting   and post-spill studies
                 evidence to the parties involved with the payment
                 of compensation, namely to the shipowner’s insurer   SUMMARY OF SCOPE OF COMPENSATION
                 and the 1992 Fund, their experts and the Limitation   AVAILABLE FOR EACH CATEGORY OF CLAIM
                 Court which has jurisdiction for this incident.   A - Costs of clean up and preventive
                                                            measures
                 Claimants are required to sign this declaration
                 which is to be found at the end of the claim form   Compensation is payable for the costs of
                 (part 3). Your claim will not be considered if   reasonable measures taken to:
                 this declaration is not signed. If submitting your   ●  Mobilise clean-up equipment/response resources;
                 claim electronically, you should print and sign the   ●  Monitor the oil spill;
                 declaration before scanning and attaching it to   ●  Combat oil at sea;
                 your claim. The original signed declaration should   ●  Protect resources vulnerable to oil;
                 also be sent by post together with any original   ●  Clean shorelines/coastal installations;
                 supporting documentation you may be providing.  ●  Provide local reception facilities for cleaning,
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