Claims Analysis & Damage Assessment
ITOPF assesses claims for compensation arising from spills. This usually involves assessing the reasonableness of clean-up costs and the merits of claims for damage to economic resources. In many cases, this is a natural extension of our attendance on-site at the time of an incident.
The assessment of damage to fisheries, especially mariculture facilities, is a specialist area which often requires detailed analysis of complex claims. This is regularly done in conjunction with other specialists who have in-depth knowledge of the affected area and the economics of its particular fisheries.
Our advice is also regularly sought on environmental damage caused by spills, and on the feasibility and technical justification of proposed restoration measures.
ITOPF’s role is to encourage a cooperative approach to the assessment of pollution damage. This facilitates the prompt and amicable settlement of claims. In this regard, ITOPF provides scientific support to both claimants and those who will actually pay the compensation (e.g. the Protection and Indemnity (P&I) Clubs and the International Oil Pollution Compensation Funds).
These bodies and not ITOPF ultimately decide whether or not a particular claim should be paid as many other factors, other than purely technical considerations, may influence the final decision.