Page 6 - claims information pack ebook_e

1992 Fund Claims Manual October 2016 Edition

Contents

Introduction

1 How Does The Compensation Regime Work? 8

1.1 The compensation regime 10
The 1992 Civil Liability Convention
The 1992 Fund Convention
The Supplementary Fund Protocol

1.2 How much compensation is available? 12
Under the 1992 Civil Liability Convention – the shipowner pays
Under the 1992 Fund Convention – the 1992 Fund pays
Under the Supplementary Fund Protocol – the Supplementary Fund pays
1.3 What types of incident are covered? 13

1.4 What types of damage are covered? 13
Clean-up and preventive measures
Property damage
Consequential loss
Pure economic loss
Use of economic models
Environmental damage
Use of advisers
1.5 When are claims admissible for compensation? 15

2 Submission and assessment of claims 16

2.1 Who can make a claim? 18
2.2 To whom should a claim be submitted? 19

2.3 How should a claim be presented? 19
2.4 What information should a claim contain? 20
2.5 Within what period should a claim be made? 20

2.6 Claims assessment and payment 21
2.7 How long does it take to assess and pay claims? 21
Target time frame for assessing claims
Fast track assessment of claims
2.8 What if a claimant does not agree with the Fund’s decision? 22