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GENERAL CLAIMS INSTRUCTIONS FOR ASSUREDS AND VESSELS

STEPS TO BE TAKEN:

1. Mitigation of loss and damage

a) Immediately arrange for measures to avoid a possible increase of damages. Hereby, as always, safety first for the crew and the vessel. But secondly, your concern should be on limiting your potential liability.
b) Hold other persons and/or companies (e.g. stevedores/ charterers / tugs / pilots etc.) which might have caused the damage(s), responsible by written notice.

2. Who should be informed?

FIRSTLY. Your Shipowner/Charterer

SECONDLY. DGS Marine Management Services

Phone:  +44 (0)560 313 0849
Fax:    +44 (0)207 626 0396
Email:  london@dgsmarine.co.uk

OR

Phone: +45 55 77 59 19
Fax: +45 55 77 81 68
Email:  denmark@dgsmarine.co.uk

THIRDLY. Make vessel and her crew "silent"

Make sure that neither you nor members of the crew give any information regarding the incident and damages or potential cause of the same to unknown or conflicting third parties!!

Do not allow any one to come on board, in particular lawyers and surveyors, unless you have made sure that these persons are acting on behalf of your / in your shipowners's interest or unless you have received such instructions from your shipowner or the The British European & Overseas P&I Facility through its Managers, DGS Marine Management Services.

Do not provide statements to third parties, but prepare statements and reports yourselves, which should be kept locked and forwarded to DGS Marine Management Services, as managers as soon as possible.

If a major claim / loss is to be expected, and provided that the managers are not reachable, you can also directly liase with the local The British European & Overseas P&I Facility 's Correspondents (which you find in the "List of Correspondents"). They will be able to give supporting advice if necessary.

DGS Marine Management Services remains the first instance the Assured should report to, and who shall give instructions concerning further handling of the incident.

3. Damage Report / Statement of Facts

The responsible person in charge must prepare a report, which as a standard should contain details regarding:

  • Name of vessel
  • Name of assured shipowner
  • Voyage details (insofar as relevant)
  • Position / Port of incident
  • Date and time of the incident / damages caused
  • Bill of Lading no. (if relevant)
  • Kind / Specie and approximate numbers/volume/value of cargo or damaged property or person(s) injured in question
  • Name of claimant
  • Kind and estimation of extent of damages caused
  • Possible causes of damage / loss

Limit any report to facts, not personal opinions:

  • Do not give an opinion, especially in the accident report, as to who was responsible
  • Do not allow crew members to express opinions towards third parties outside the vessel
  • Do not already admit any liability, either verbally or writing
  • Do not sign a document, which you know contains incorrect information
  • Do not think the problem will go away if you do nothing

The report should be conveyed to DGS Marine Management Services immediately

4. Public Authorities

Do not issue statement as regards the possible cause of any incident towards authorities or other third parties, even if under pressure from the port captain / authorities or the like. Restrict information to personal data of master, officers and crew, until DGS Marine Management Services has appointed lawyers or a local correspondent to assist you

  • Take the photographs of any damage or circumstances relating to the incident and all affected cargoes, damaged parts of vessels' structure etc., if possible, but do not give them out of your hands unless you are instructed to do so! This might strengthen your owners or the ship's position
  • Collect objects / parts and statements, if possible, in order to have evidences safeguarded
  • All relevant documentation (e.g. Bill of Lading, Charter Party, Cargo Manifests, Mate's Receipts, Instructions of Charterers or other parties interested in the cargo), written claims from third parties, statement of facts, medical bills etc., concerning damages to cargo, ship or other third party property or persons should be conveyed to DGS Marine Management Services Co. Ltd, London or Denmark in copy. Originals to be taken into secure charge

If any problems or doubts arise in connection with the handling of a particular case, please approach the stipulated parties (see above no.2) before taking any action of which you are not sure to be appropriate!