Page 24 - claims information pack ebook_e

1992 Fund Claims Manual October 2016 Edition

Secretariat will aim to provide the claimant assessment of their claim reconsidered
with an initial view in the form of a letter based on the provision of new information
notifying the claimant, inter alia, of one of proving their loss. This may result in higher
the following: or lower assessment than that first offered
under the fast track assessment process.
(a) Claim is admissible and is being
assessed;
2.8 WHAT IF A CLAIMANT
(b) Claim is admissible in principle DOES NOT AGREE WITH
but further supporting documents
are required to assess the claim; THE FUND’S DECISION?
(c) Claim is admissible but further 2.8.1 If it is not possible to reach an agreement on
time is required to assess the claim;
the assessment of the claim, the claimant
(d) Claim is not admissible and it is has the right to bring his or her claim before
therefore rejected. the competent court in the State in which
the damage occurred. However, since
22 Depending on the size and complexity of the the international compensation regime
incident, the Secretariat may have to apply
longer time periods of which the claimant was established in 1978, court actions by
will be informed. claimants have not proved necessary in the
majority of incidents involving the 1992 Fund
Fast track assessment of claims and its predecessor.
2.7.5 In order to avoid undue delay in settlement
of small claims, the 1992 Fund Executive
Committee could decide, after considering
the cost effectiveness and merit of
assessing large numbers of small claims, to
approve the use of ‘fast track’ assessments
for that incident and set the quantum of
a ‘small’ claim for that incident. The
[4]
availability of these ‘fast track’ assessments
will be determined, on a case-by-case basis,
by decision of the Executive Committee.
‘Fast track’ assessments will be made on
the basis of a brief investigation by the
Fund and its experts of the circumstances
of the loss but must include confirmation
that such losses did actually occur and
that there was a clear link of causation with
the incident. Alternatively claimants may
prefer to await a settlement based on an
in-depth, comprehensive assessment which
will inevitably take longer. Claimants who
disagree with the settlement offer under
‘fast track’ assessment will only have the

[4] The quantum of what constitutes a 'small' claim will be
decided by the Executive Committee on a case-by-case
basis.