
Damage to Fixed or Floating Object (FFO)
Fixed and floating object claims arise from liability for damage caused by a vessel to an object that is not a vessel: dock, fender, gantry crane, buoy, damage to any other object etc. Depending upon the nature of the damage, we as local correspondents will be able to arrange for the most suitable expert (civil, structural or mechanical engineer or a cargo or marine surveyor) to carry out an examination and assess the extent of the damage and consequential losses (if any), and to ensure that reasonable steps are taken by claimants to mitigate the loss and to carry out prompt repairs.
In addition to the physical damage to the FFO, there may be also consequential losses while it is out of use. Invariably, unless the incident is minor, the claimants will have demanded security.
Service Description:
1. Incident Management
Incident Investigation
● Ascertain facts and circumstances of the incident, instructing and supervising competent surveyors as needed
● Assist Master in dealing with local Authorities
● Take statements from crew and other relevant witnesses
● Collect relevant documentation
Damage
● Ascertain nature and extent of the damage, instructing and monitoring competent surveyors as needed
● Recommend steps to mitigate loss
Vessel
Arrest or threat thereof
● Recommend steps to avoid an arrest
● Ascertain circumstances of the arrest or threat thereof
● Negotiate nature and amount of security
● Issue LOUs on P&I underwriters' behalf and authority
● Assist in setting up other types of security
● Assist in satisfying other demands from claimants (documentation, statements, inspections, etc.)
● Instruct, monitor and assist competent lawyers as needed
2. Claims Management:
Out of Court
● Act as Focal Point for claims submission
● Claim inventorying, indexing and reporting
● Claim analysis
● Propose strategy to handle claim
● Reject claims or negotiate settlement
● Arrange settlement & obtain relevant releases
In Court
● Ascertain circumstances of the legal action
● Attempt to stay proceedings and continue handling amicably
● Instruct and monitor competent lawyers as necessary
● Assist appointed lawyers with facts and technical advice
● Monitoring legal proceedings
● Assist with settlement payments
3. Recovery Actions:
● Identify possible liable third parties
● Recommend steps to protect recovery actions
● Assist in conducting recovery actions in China