Claims Instructions & Claims Reporting
The first point of contact the assured should report to is Hanseatic Underwriters, who shall then give instructions concerning further handling of the incident.
In case of an emergengy you can reach our incident response team 24/7/365:
Phone: +49 40 3890739 35
In case of damages caused by the vessel and/or to cargo on board, the following steps should be taken:
1. Mitigation of Loss and Damage:
- Immediately arrange for measures to avoid a possible deterioration of damages and the situation. Hereby, as always, the first consideration must be safety for the crew and the vessel! But second should be your concern as to limit your potential liability.
- 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:
- Your Shipowner
- Hanseatic Underwriters™
3. Make the 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 opposing third parties!
Do not allow anyone to come on board, in particular lawyers and surveyors, unless you have made sure that these persons are acting on behalf of your shipowner / in your shipowner’s interest or unless you have received such instructions from your shipowner or Hanseatic Underwriters through its Managers TMS!
Do not provide statements to third parties, but prepare statements and reports yourselves which should be kept locked and forwarded to Hanseatic Underwriters as soon as possible!
If a major claim / loss is to be expected, and provided that Hanseatic Underwriters is exceptionally not reachable (i. e. because of time lag), you can also liaise with the local Hanseatic Underwriters’ P&I Correspondents directly (which you will find in the following “List of Correspondents”).
4. Damage Report / Statement of Facts:
The responsible persons on board must prepare a report (please use the “Claims Reporting Form” of Hanseatic Underwriters) which should contain standard 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/species and approximate number / volume / value of cargo or damaged property or person(s) injured
- Name of claimant(s)
- Kind and estimation of extent of damages caused
- Possible causes of damage / loss
IMPORTANT: Limit any report to facts. No personal opinions!
- Do not give an opinion, especially in the accident report, as to who or what was responsible.
- Do not allow crew members to express opinions towards third parties on board or outside the vessel.
- Do not admit any liability, either verbally or in writing.
- Do not sign a document, which you know contains incorrect information.
- Do not think the problem will go away if you do nothing!
5. Public authorities:
Do not issue any 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 TMS has appointed lawyers or local correspondents to assist you.
- Take photographs of any damage or circumstances relating to the incident and all affected cargoes, damaged parts of vessel’s structure etc., if possible, but do not give them out of hand unless you are instructed to do so! Disregard of this procedure might seriously affect the shipowner’s or ship’s position.
- Collect objects / parts and statements, if possible, in order to safeguard evidence.
- 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, other third party property or persons should be conveyed to TMS in copy. Originals to be taken into secure charge!