When the pilot and captain of a ship, with a length of 200 meters and weight of 45,000 tonnes, fail to control its course adequately, the ship is at risk of grounding or colliding with other structures.
From a claim’s handling standpoint, securing a favourable outcome for the cargo owners or the owners of the damaged structures requires quick and coordinated action between insurers, (re)insurers, and claims adjusters.
Many factors can contribute to a harmful event, making the claims handler’s involvement crucial, as their actions in the present can greatly impact the future claim outcome.
An example of effective claims handling can be seen in the following case study.
Type of client & cargo
A 200 meter cargo ship lost its route, becoming a risk for the crew, other ships and the cargo.
The incident
A ship carrying 30,000 tonnes of cereals was sailing in one of the major waterways of Latin America when it suddenly deviated from its course and ran aground on the banks of the canal. Salvage operations were immediately initiated, including tugboats, divers, removal of the ship's cargo, and dredging of the surrounding area.
Claims handling and the final outcome
After participating in the investigation conducted by the regulatory authority, and with the support of a specialist captain, it was determined that the ship left the navigation channel without proper authorisation, making the pilot's liability in the grounding clear.
Efforts to reach a mutually agreeable resolution with the pilotage company were unsuccessful, as they denied any responsibility, claiming the role of the pilot was limited. However, the various legal systems place obligations on the pilot, particularly about guiding the captain on navigating routes and manoeuvres.
Therefore, legal action was taken against the pilot, seeking compensation for the expenses incurred by the cargo owners for the salvage operations.
Following a response to the objections raised by the opposing party, negotiations were initiated and ultimately resulted in a successful recovery for the cargo interests.
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