When the Casualty Occurs
1 Persons to be notified
When a casualty occurs which may give rise to general average sacrifices being made or expenses incurred, it is the responsibility of the shipowner to see that the proper steps are taken to bring the voyage to a satisfactory conclusion.
The first step must be to notify the various parties who may be affected by the casualty, or whose assistance will be required.
Average adjusters
Advice on the correct procedures and formalities is essential right at the beginning, as soon as information is received that the ship and cargo are in trouble. The average adjuster is the best person to give this advice as it will be his responsibility to advise the shipowner so that involvement of all other persons who may have to be consulted can be properly coordinated.
Underwriters
If the vessel is insured and there is any likelihood a claim may be made on the policy, the underwriters must be advised promptly. This is usually done by passing the information to the insurance brokers and will allow the underwriters to appoint their own surveyor. When time is short, the shipowner may give direct instructions to a Lloyd’s agent or the local office of the Salvage Association.
Protection and Indemnity Association
Where the vessel is carrying cargo and there is a chance that it may have been damaged in the accident or that it may be damaged by subsequent events, or a liability may be incurred in respect of it, or where there is any risk of oil pollution etc, the Protection and Indemnity Association should be notified.
Classification Surveyor
It the vessel requires repairs before proceeding on the voyage, it may be necessary for the classification surveyor on behalf of the classification society to attend in order to see that any repairs effected to attend in order to see that any repairs effected enable the vessel to maintain her entry in the register and to advise on matters of seaworthiness.
General average surveyor
In the event of general average damage to ship or cargo, it may be necessary for the shipowner to appoint a surveyor to act in the general interest. This appointment will usually be made on the advice of the average adjuster.
Solicitors
When the vessel has received the services of a salvage tug or has been in collision with another vessel, it may be advisable to consult an admiralty solicitor.
Agents at port of discharge
The shipowner’s agents at the place of discharge should be notified in order to inform the cargo receivers that there will be a delay in delivery and to lay the ground work for general average formalities to he completed.
Charterer
If the vessel is under voyage or time charter, the charterers will have to be informed of the casualty.
2 Reports to shipowner by master
In the case of casualties involving general average, as with other casualties, full details of the situation should be telexed to the head office of the shipowner as soon as possible to enable the position to be considered and instructions given where appropriate. Such telex advice should be followed as soon as practicable by full written reports.
Any standing instructions to masters in this connection which are in force at the time should he closely followed.
It is of great importance that, when a casualty which may give rise to general average occurs, the shipowner’s head office should have full details of the cargo on board the vessel as soon as possible. If therefore the complete cargo manifest has not already been mailed, faxed, or sent by courier, this should he done immediately by the agents concerned.
Takis Kalogerakos
Marine Underwriter
