Page 70 - claims information pack ebook_e

Guidelines for presenting claims in the fisheries, mariculture and fish processing sector

8. How are claims assessed and paid?

8.1 Claims are assessed based on the evidence assessed as quickly as possible but it may
provided by the claimant and any other take some time for the 1992 Fund to gather
information that has been gathered relating and cross-check relevant information
to similar fishing or related business. necessary to assess the claim, particularly
An expert working for the 1992 Fund/ if little information has been submitted in
shipowner’s insurer may come and discuss support of your claim.
your individual business with you so as to 8.6 Sometimes an interim offer can be made,
better understand your situation and the particularly if the 1992 Fund believes that
impact that the pollution has caused. The you are suffering hardship due to the oil
Fund tries to arrive at a true assessment of pollution. This could be made before your
your real losses due to the oil pollution and claim has been fully assessed, and will be
to return you to the economic position in for a smaller amount of money; which will
which you would have been if the oil spill be taken off the final payment once that has
had not happened. 21
been assessed.
8.2 The decision on whether to approve or reject 8.7 The local office, if there is one, will make
a claim lies with 1992 Fund/shipowner’s arrangements for you to be paid. Otherwise
insurer only, and not with the expert who the 1992 Fund will contact you to make the
assesses the claim, any technical adviser arrangements. You will be asked to provide
or any person working in a local office.
some means of identity, such as a passport,
8.3 Once your claim has been assessed by the an identity card or a voter’s card.
1992 Fund/shipowner’s insurer, you will be 8.8 If you do not agree with the amount of
told how much compensation they think is money that you have been offered, then
fair, based on evidence available from all you should contact the 1992 Fund (through
relevant sources. This assessment will be the local office, if there is one) and explain
in writing and it may be given directly to why you think that the offer is not enough.
yourself or to an organisation such as If you have new evidence to support your
a co-operative or trade union that has claim, then send that as well. The Fund may
been helping you to make your claim.
decide to have another look at your claim
8.4 Usually an offer is made as a ‘full and final’ and make a new offer, or it may decide
settlement. This means that no further that the original offer is fair. The Fund may
claims for losses suffered during the period contact you and arrange to discuss the
covered by the claim will be considered, and matter in more detail.
you will be asked to sign an agreement to 8.9 If you still do not agree with the amount
this effect. You can make further claims if offered, then you have the right to take legal
you feel that you have suffered losses after action through a court in your country. It
the period to which your first claim relates, could be an action against the tanker owner,
and these would be treated as separate the shipowner's insurer and the 1992 Fund,
claims.
disputing the assessment of the amount of
8.5 Please be aware that the 1992 Fund may have your losses. It is suggested that you refer to the
to deal with hundreds or perhaps thousands Claims Manual and/or your own legal adviser if
of compensation claims. Your claim will be you wish to take this course of action.