What to do in the event of an incident?
The proof of good insurance is found in good claims handling. At Pantaenius we are proud of our reputation in the handling and settlement of claims, with quick and efficient claims handling being our highest priority. Whether you are responsible or not, an accident is always an extremely unpleasant situation and often involves different rights and obligations. Please find below some measures to take in the event of a claim, all relevant claim forms as well as helpful information regarding the claims process itself.
Please remember that Pantaenius provides a 24/7 Emergency claims helpline operated entirely by our own staff.
Accident – Collision – Burglary – Theft – Fire
In the event of an incident which may give rise to a claim please act as if you were uninsured. At the earliest safe opportunity please report the incident to us so that we may provide you with appropriate advice.
The check list below is not exhaustive but please do follow it as best you can in the circumstances.
- Do what you can to minimise the damage.
- Notify us as soon as possible, giving a contact phone number and email address.
- Take photographs and notes of any damage or material evidence and send them to us.
- In cases of theft, vandalism, explosion or fire, notify the Police as well as ourselves - remember to get a Police Incident number.
- In cases of collision, provide us with the name and address of the other party and their insurers.
- If your insurers appoint a surveyor to assess the damage, we recommend that you be present.
- Collect all invoices and forward them to us as soon as possible to achieve a prompt settlement.
- Do not admit liability for an incident
Pantaenius has a reputation for settling claims fairly and quickly which we are proud of, so please help us to help you and safeguard your investment.
Crew Medical Insurance
WHAT to do if you are in need of normal medical treatment?
- In-Patient claims /claims likely to exceed €3.250/$4.250/£2.500/ emergency evacuation/repatriation:
Please contact the International 24-hour Helpline on +49 40 37091-355 or email@example.com before the treatment commences (but see “Emergencies” below).
- All other medical claims:
You may visit a professionally registered medical practitioner of your choice. Send the paid original invoices, prescriptions and receipts toMOS Medical Helpline GmbH, Unterer Dürrenberg 26, 82418 Murnau,
together with the completed claim form, on which you will find their contact details.
For any questions, please contact the International 24-hour Helpline on +49 40 37091-355 or firstname.lastname@example.org
Please contact the International 24-hour Helpline on +49 40 37091-355 or email@example.com within 72 hours of the commencement of treatment to ensure all emergency treatment is covered.
WHO CAN HELP YOU IN THE CASE OF A CLAIM?
All requests regarding In-patient and Out-patient claims and 24hr emergency assistance:
- 24-hour Helpline (MOS Medical): +49 40 37091-355
- E-mail: firstname.lastname@example.org
What can you do if you suffer a work-related accident?
If you suffer a work-related accident, please ask your employer to contact Pantaenius. We will check if Employer's Liability cover is in place.
For claims in general the list of do’s and don’ts, shown below, lays a good foundation. Further, and more specifically for claims involving people, be it crew or passengers, the following information should also be obtained/provided:
- It is recommended that an accident report form (see below) is completed and returned to us.
- In case CCTV is available, the relevant raw footage is to be preserved.
- The treating doctor or hospital is to be asked for a report with the diagnosis and treatment, as well as the estimated duration of incapacity to work in case of crew injury or illness.
The accident report form, witness statements and doctor’s reports are to be sent to us as soon as is practically possible. Ideally, the contract of employment (crew) or passenger contract (passengers) should be included in the initial notification.
The Do’s and Don’ts
In any incident that could give rise to a claim, you are recommended to consider the following:
- Notify the relevant authorities including the flag state, port state, coastal state authorities, company designated person (DP) and P&I Correspondent, so that any necessary authorisation and assistance can be obtained without any undue delay.
- Co-operate with and assist the local authorities and/or official investigators and remain polite, calm and courteous when doing so.
- Save the VDR, S-VDR to prevent the overwriting of data.
- Record all events in the ship’s logbooks.
- Collect and preserve all documentation, records and evidence including defective equipment, RADAR, ECDIS and other records relating to the incident.
- Take photos and/or videos of any damage, injury or condition relating to the incident, preferably with date and time displayed.
- Ask the witness to prepare statements of fact immediately after the incident. These should be signed by them and counter signed by the personnel taking the statement.
- Note a protest. If you are unsure whether or not it is needed, do it!
- Allow any unauthorised personnel to board your vessel or interview the ship’s crew until you have clearance from the vessel owner/manager or the Club Correspondent and/or lawyer.
- Make statements or comments to any unauthorised external parties regarding the incident.
- Provide documentation or evidence to any unauthorised external party.
- Sign or acknowledge any statement by any unauthorised external party.
- Take any incident lightly even though the perceived seriousness of the incident may seem negligible at that instant.
What to expect
Should you need to make a claim under your insurance policy there are some important facts you need to be aware of about the processing of your claim.
Pantaenius is an agent of your insurers. This means that Pantaenius acts at all times on behalf of the insurers. Any information given to Pantaenius is deemed to have been given to the insurers. This will speed up the claims process as, in the majority of cases, we do not need to refer to the insurers before agreeing and settling a claim. We will require you to complete and return a Claims Form. We may ask you to provide photographs of any damage. Only loss or damage caused by a specific incident for which you are claiming can be covered by your contract of insurance.
It is therefore essential that you do not:
- falsify any information concerning the cause of the incident or extent of damage caused in the incident;
- overestimate your claim; or
- try to include in your claim any items that were not lost or damaged in the incident for which you are claiming. Attempting to mislead insurers over any part of your claim can result in a complete loss of all entitlement under the policy.
On receipt of your claim form, we will:
- check whether the incident and damage are covered by your contract of insurance, and
- check that the premiums were paid at the time of the incident.
The appointment of a surveyor
It may be necessary to appoint a surveyor to inspect the damage to your boat. If a surveyor is appointed, remember that he is appointed on behalf of your insurers, to verify the cause, nature and extent of the damage and the most effective method of repair. He will not have any authority to agree your claim, either to determine whether it is covered under your policy or to give an opinion of the likely amount of settlement.
If a surveyor is appointed, he will contact you to arrange a convenient time to inspect your boat. We recommend that you attend, as your presence at this first inspection can prevent misunderstandings later on. We do, however, realise that this is not always possible, and there is no obligation on you to attend.
Although the surveyor is representing your insurers, he may be able to offer you advice based on his knowledge of local repair facilities.
You will need to arrange to get estimates for the repair or replacement of any items for which you are claiming. These should be submitted to us as soon as possible and they will be checked to ensure they agree with the description of lost or damaged items and that costs are reasonable. If you cannot get identical replacements because they are obsolete, get estimates for current models of an equivalent standard and specification.
If you wish to take the opportunity of your boat being in for repair to have other work done, or to upgrade any damaged equipment please ensure that you mark this clearly on any estimates and invoices, and agree with us first what part of the costs will be paid by you.
Assessing your claim
Once we have received full details of your claim, including the report of the surveyor, if appointed, we will:
- inform you whether the incident and damage as described by you are covered by the contract of insurance
- give you authority to proceed with agreed repairs
- assess the estimates you provide for repair or replacement and advise you of the proposed settlement under the terms and condition of your policy.
Whilst the surveyor, and the Pantaenius Claims Team, will do their utmost to assist you and to ensure that your claim is handled efficiently and speedily, your boat remains your responsibility at all times.
Please bear in mind that if repairs are delayed for any reason outside the control of Pantaenius and/or your insurers – for example, if you do not obtain estimates or instruct the repairers to commence work in a reasonable time, the insurers are not liable for any resultant increase in costs.
It is a condition of your contract of insurance that you take all reasonable measures to minimise your claim, and this means:
- ensuring your boat is protected from further damage (the obligation to ‘mitigate’)
- co-operating at all times with Pantaenius and the appointed surveyor
- obtaining alternative quotations promptly if requested by Pantaenius
- keeping all delays to a minimum by providing requested information in a timely manner
- ensuring instructions are given promptly to repairers.
For our part, we will endeavour to ensure there are no delays which could reasonably be avoided. We are able to arrange deposits and stage payments directly to the repairers – with, of course, your agreement – ensuring repairs can proceed as soon as agreed.
When the damage to your boat is the fault of another person
If someone else is responsible for the damage to your boat you may claim in one of two ways.
1. Directly against the other party.
Write to the person who caused the damage, saying that you are holding them responsible.
If they are insured, their insurers will assess your claim and communicate their response directly to you.
If they agree that their policyholder was liable, they will settle your claim directly with you. You may also be able to claim for any out of pocket expenses you have incurred directly as a result of the incident, so keep a note of these.
If you have Legal Expenses insurance you can use the insurers’ help-line to speak to a marine solicitor who can advise you.
2. Settlement under your hull insurance and a recovery by the insurers.
If the incident in which your boat was damaged is one that would be covered under your own hull insurance, your claim can be settled under your own hull insurance policy.
If your claim is settled in this way the normal processes of a hull claim will apply. Your policy deductible, and any other applicable deductions, will be applied to any payments the insurers make. This applies even if you think the incident was not your fault.
Your insurers may try to recover their costs from the other person or his insurers. If they do, we can include any out of pocket expenses and your policy deductible.
If the recovery action is successful, your policy deductible and any other deductions and out of pocket expenses will be refunded to you in the same proportion as the recovery bears to the overall cost of the claim.
Your insurers are not obliged to attempt a recovery of their costs and may decide not to do so if there is little chance of success or if the cost of the recovery action is disproportionate to the amount which would be recovered. In this case your claim will be treated as a normal hull claim, with all contractual deductions applying to the settlement.
We shall do our utmost to handle your claim fairly and promptly. However, if you are not satisfied with the way in which we have handled your claim you may write to:
Pantaenius UK Limited, Marine Building, 1 Queen Anne Place, Plymouth PL4 0FB.
If we are unable to resolve your complaint, you may be entitled to refer it to the Financial Ombudsman Service.