Page 23 - claims information pack ebook_e

Section 2: Submission and assessment of claims

2.6 CLAIMS ASSESSMENT reject claims. However, in certain situations,
AND PAYMENT for example if a claim gives rise to questions
of principle, the Director must refer the claim
to the Executive Committee for decision (see
2.6.1 The 1992 Fund, normally in co-operation
with the shipowner’s insurer, usually paragraph 1.5.1). The Executive Committee
appoints experts to monitor clean-up normally meets two or three times a year.
operations, to investigate the technical
merits of claims and to make independent 2.7 HOW LONG DOES IT
assessments of the losses. TAKE TO ASSESS AND
2.6.2 The 1992 Fund and the P&I Clubs have PAY CLAIMS?
developed a worldwide network of experts
with expertise in the various sectors likely 2.7.1 The 1992 Fund and the P&I Clubs try to
to be affected by oil pollution. It also reach agreement with claimants and pay
draws on the advice of the International compensation as promptly as possible.
Tanker Owners Pollution Federation Ltd They may make provisional payments
(ITOPF), a non-profit making organisation before a final agreement can be reached if 21
funded primarily by shipowners through a claimant would otherwise suffer undue
their insurers. ITOPF’s technical staff has financial hardship. However, provisional
acquired considerable experience in spill payments are subject to special conditions
response and are very familiar with the and limits, particularly if the total amount
Fund’s criteria for accepting claims. During of claims exceeds the total amount of
the clean-up phase of an incident members compensation available under the two
of ITOPF’s technical staff usually attend on 1992 Conventions.
site where they are able to offer technical 2.7.2 The speed with which claims are agreed
advice on the most appropriate response and paid depends largely on how long it
measures consistent with the Fund’s takes for claimants to provide the required
admissibility criteria.
information. Claimants are therefore advised
to follow this Manual as closely as possible
2.6.3 Although the 1992 Fund and the P&I Clubs and to co-operate fully with the Fund’s
rely on experts to assist in the assessment of experts and provide all information relevant
claims, the decision as to whether to approve to the assessment of the claims.
or reject a particular claim rests entirely with
the Club concerned and the Fund. 2.7.3 The working languages of the 1992 Fund are
English, French and Spanish. Claims will be
2.6.4 Once the Fund and the P&I Club have made handled more quickly if claims, or at least
their decision regarding a claim, the claimant
is contacted, usually in writing, to explain claim summaries, are submitted in one of
these languages.
the basis of the assessment. If the claimant
decides to accept an offer of compensation, Target time frame for assessing claims
he or she will be asked to sign a receipt 2.7.4 Within one month of receipt of a completed
upon payment of the amount due. In the claim form and registration of a claim, the
event that the claimant does not agree with Secretariat will aim to provide claimants
the assessment of the claim, he or she may with an acknowledgement of receipt of
provide additional information and request the claim together with an explanation of
a further evaluation.
the assessment procedure which will be
2.6.5 The 1992 Fund’s Director is normally given followed thereafter. Additionally within six
extensive authority to approve and pay or months of registration of the claim, the ›