INSIGHTS Early
engagement with insurers, legal representation, technical
survey experts, and crew are vital
components in the
management of collision cases.
The likely total time for all repairs to the containership is 30 days.
By contrast, it is determined that the chemical tanker can be repaired quickly, in as little as two days.
Assuming that the chemical tanker belongs to our client, here are some of the considerations to which we attach the greatest importance. They are presented in no particular order.
SURVEYS In the aftermath of this
significant collision, hull insurers will want to appoint a surveyor. Predominantly, the surveyor’s role will be to assess the damage to our client’s vessel, advise on options for repair, and report on the facts leading to the collision. The surveyor would not be expected to offer an opinion as to which vessel is more or less liable, or to speculate on the causes of the collision, particularly when such commentary would be unsupported by evidence at such an early stage.
The surveyor may also be called upon to perform a “without prejudice” survey on the containership. This will provide an insight into the damages sustained by the collision “opponents”. It is an unfortunate fact that opponent claims can
often include costs relating to repairs that did not arise from the collision. Any contemporaneous expert evidence that shows the actual damage resulting from this incident alone may prove to be a valuable tool for ultimately reducing the opponent’s claim.
The surveyor may also be instructed to conduct a separate “speed and angle of blow” survey, which will attempt to provide preliminary answers on the course and velocity of both vessels in the moments before impact. Again, such data is not intended to decide on issues of liability, but will be an aide in the discussion process between both sides.
Ideally, the surveyor should maintain contact with the containership owners and seek an invitation to any repairs they carry out. Again, this is to ensure that the repair costs (which form part of the opponent claim) relate solely to the collision.
There is no obligation on the opponent to allow anyone access to their vessel; however, more often than not, ship-owners and their insurer interests will
co-operate in an effort to maintain professional and amicable discourse with one another.
Q3 2017
2
The Report • September 2017 • Issue 81 | 59
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64 |
Page 65 |
Page 66 |
Page 67 |
Page 68 |
Page 69 |
Page 70 |
Page 71 |
Page 72 |
Page 73 |
Page 74 |
Page 75 |
Page 76 |
Page 77 |
Page 78 |
Page 79 |
Page 80 |
Page 81 |
Page 82 |
Page 83 |
Page 84
