Page 21 - claims information pack ebook_e
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Section 2: Submission and assessment of claims









                        2.1.2      Claimants may be private individuals,   2.2.3     If claimants suffer damage in a State that is
                             partnerships, companies, private             Party to the Supplementary Fund Protocol, their
                             organisations or public bodies, including    claims will automatically be considered for
                             States or local authorities. If several      compensation from the Supplementary Fund,
                             claimants suffer similar damage, they        if the amount available from the shipowner/
                             may find it more convenient to submit        insurer and the 1992 Fund is insufficient to pay
                             co-ordinated claims, which will also         full compensation for proven losses.
                             facilitate the processing and assessment
                             of the claims.                          2.2.4           Claimants who wish to claim directly against
                                                                          the 1992 Fund should submit their claims to
                        2.2 TO WHOM SHOULD                                the following address:

                        A CLAIM BE SUBMITTED?                             International Oil Pollution Compensation Funds

                                                                          4 Albert Embankment
                        2.2.1      When an incident occurs the 1992 Fund   London SE1 7SR
                             co-operates closely with the shipowner’s     United Kingdom
                             insurer, which will normally be one of the   Telephone: +44 (0)20 7592 7100        19
                             Protection and Indemnity Associations (P&I   Telefax: +44 (0)20 7592 7111
                             Clubs) that insure the third-party liabilities   E-mail: info@iopcfunds.org
                             of shipowners, including liability for oil
                             pollution damage. The P&I Club concerned   2.2.5      All claims are referred to the 1992 Fund and
                             and the 1992 Fund usually co-operate in      the shipowner’s P&I Club for decisions on
                             the handling of claims, particularly when it   whether or not they qualify for compensation,
                             is clear from the outset that compensation   and, if so, the amounts of compensation due
                             will be paid under both Conventions. Since   to the claimants. Neither designated local
                             in most cases the 1992 Fund only pays        correspondents nor local claims offices have
                             compensation once the shipowner/insurer      the authority to make these decisions.
                             has paid up to the limit applicable to the ship
                             involved, claims should first be submitted to
                             the shipowner or his P&I Club. In practice,   2.3 HOW SHOULD A CLAIM
                             claims are often channelled through the   BE PRESENTED?
                             office of the P&I Club’s correspondent
                             closest to the incident location. Because of   2.3.1     Claims should be made in writing (including
                             the close co-operation between the Fund      telefax or electronic mail). If appropriate, the
                             and the insurer, claims, including supporting   P&I Club and/or the Fund will issue claims
                             documentation, need only be sent to either   forms to assist claimants in the presentation
                             the P&I Club/correspondent or the Fund.      of claims.
                        2.2.2       Occasionally, when an incident gives rise
                             to a large number of claims, the 1992 Fund
                             and the P&I Club jointly set up a local claims
                             office so that claims may be processed
                             more easily. Claimants should then
                             submit their claims to that local claims
                             office. Details of claims offices are given
                             in the local press and are available on
                             www.iopcfunds.org
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