[Code of Federal Regulations]
[Title 33, Volume 1]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR25.119]

[Page 95-96]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
          CHAPTER I--COAST GUARD, DEPARTMENT OF TRANSPORTATION
 
PART 25--CLAIMS--Table of Contents
 
                           Subpart A--General
 
Sec. 25.119  Proof of amount claimed for loss of, or damage to, property.

    The following evidence must be presented when appropriate:
    (a) For each particular lost item, evidence of its value such as a 
bill of sale and a written appraisal, or two written appraisals, from 
separate disinterested dealers or brokers, market quotations, commercial 
catalogs, or other evidence of the price at which like property can be 
obtained in the community. The settlement authority may waive these 
requirements when circumstances warrant. The cost of any appraisal may 
be included as an element of damage if

[[Page 96]]

not deductible from any bill submitted to claimant.
    (b) For each particular damaged item which can be economically 
repaired, evidence of cost of repairs such as a receipted bill and one 
estimate, or two estimates, from separate disinterested repairmen. The 
settlement authority may waive these requirements when circumstances 
warrant. The cost of any estimate may be included as an element of 
damage if not deductible from any repair bill submitted to claimant.
    (c) For any claim which may result in payment in excess of 
$20,000.00, a survey or appraisal shall be performed as soon as 
practicable after the damage accrues, and, unless waived in writing, 
shall be performed jointly with a government representative.
    (d) If the item is so severely damaged that it cannot be 
economically repaired or used, it shall be treated as a lost item.
    (e) If a claim includes loss of earnings or use during repairs to 
the damaged property, the following must also be furnished and supported 
by competent evidence:
    (1) The date the property was damaged;
    (2) The name and location of the repair facility;
    (3) The beginning and ending dates of repairs and an explanation of 
any delay between the date of damage and the beginning date;
    (4) A complete description of all repairs performed, segregating any 
work performed for the owner's account and not attributable to the 
incident involved, and the costs thereof;
    (5) The date and place the property was returned to service after 
completion of repairs, and an explanation, if applicable, of any delay;
    (6) Whether or not a substitute for the damaged property was 
available. If a substitute was used by the claimant during the time of 
repair, an explanation of the necessity of using the substitute, how it 
was used, and for how long, and the costs involved. Any costs incurred 
that would have been similarly incurred by the claimant in using the 
damaged property must be identified;
    (7) Whether or not during the course of undergoing repairs the 
property would have been used, and an explanation submitted showing the 
identity of the person who offered that use, the terms of the offer, 
time of prospective service, and rate of compensation; and
    (8) If at the time of damage the property was under charter or hire, 
or was otherwise employed, or would have been employed, the claimant 
shall submit a statement of operating expenses that were, or would have 
been, incurred. This statement shall include wages and all bonuses which 
would have been paid, the value of fuel and the value of consumable 
stores, separately stated, which would have been consumed, and all other 
costs of operation which would have been incurred including, but not 
limited to, license and parking fees, personnel expenses, harbor fees, 
wharfage, dockage, shedding, stevedoring, towage, pilotage, inspection, 
tolls, lockage, anchorage and moorage, grain elevation, storage, and 
customs fees.
    (f) For each item which is lost, actual or constructive, proof of 
ownership.