[Code of Federal Regulations]

[Title 33, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 33CFR25.119]



[Page 97-98]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

         CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY

 

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 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,



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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.