Page 22 - claims information pack ebook_e

1992 Fund Claims Manual October 2016 Edition

2.3.2 A claim should be presented clearly and 2.5 WITHIN WHAT
with sufficient information and supporting PERIOD SHOULD A
documentation to enable the amount of
the damage to be assessed. Each item of a CLAIM BE MADE?
claim must be substantiated by an invoice
or other relevant supporting documentation, 2.5.1 Claimants should submit their claims as soon
such as work sheets, explanatory notes, as possible after the damage has occurred.
accounts and photographs. It is the If a formal claim cannot be made shortly after
responsibility of claimants to submit an incident, the 1992 Fund would appreciate
sufficient evidence to support their claims. being notified as soon as possible of a
It is important that the documentation claimant’s intention to present a claim at
is complete and accurate. If the a later stage. The claimants should provide
documentation in support of a claim is likely as much of the information detailed above
to be considerable, claimants should contact as possible.
the 1992 Fund (or where appropriate the 2.5.2 Claimants will ultimately lose their right
20 designated surveyor or local claims office) to compensation under the 1992 Fund
as soon as possible after the incident to Convention unless they bring court action
discuss claim presentation.
against the 1992 Fund within three years of
2.4 WHAT INFORMATION the date on which the damage occurred, or
make formal notification to the 1992 Fund
SHOULD A CLAIM of a court action against the shipowner or
CONTAIN? his insurer within the three-year period.
Similarly, claimants will lose their right to
compensation from the shipowner and
2.4.1 Each claim should contain the following
basic information: his insurer under the 1992 Civil Liability
Convention unless they bring court action
● The name and address of the claimant
against them within three years from the date
and of any representative. when the damage occurred. Although damage
● The identity of the ship involved in the may occur some time after an incident takes
incident. place, court action must in both cases in any
● The date, place and specific details of event be brought within six years of the date
the incident, if known to the claimant, of the incident. Claimants are recommended
unless this information is already to seek legal advice if they have not been able
available to the 1992 Fund. to settle their claims to avoid their claims
becoming time-barred. If steps have been
● The type of pollution damage sustained.
taken to protect the claim against the 1992
● The amount of compensation claimed.
Fund, any rights to additional compensation
2.4.2 Additional information may be required for from the Supplementary Fund will be
specific types of claim (see Section 3). automatically protected.