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Current as of October 02, 2022 | Updated by FindLaw Staff
(a) A properly filed claim shall include the following, however, any of the following requirements may be waived by the Maritime Administration:
(1) Identification of the Maritime Administration as the agency whose act or omission gave rise to the claim;
(2) The full name and mailing address of the claimant. If this mailing address is not claimant's residence, the claimant shall also include residence address;
(3) The date, time, and place of the incident giving rise to the claim;
(4) The amount claimed, in a sum certain, supported by independent evidence of property damage or loss, personal injury, or death, as applicable together with supporting medical records and a HIPPA compliant medical waiver for each treating physician, hospital, or medical provider;
(5) A detailed description of the incident giving rise to the claim and the factual basis upon which it is claimed the United States is liable for the claim;
(6) A description of any property damage or loss, including the identity of the owner, if other than the claimant, as applicable;
(7) The nature and extent of the injury, as applicable;
(8) The full name, title, if any, and address of any witness to the incident and a brief statement of the witness' knowledge of the incident;
(9) A description of any insurance carried by the claimant or owner of the property and the status of any insurance claim arising from the incident; and
(10) An agreement by the claimant to accept the total amount claimed in full satisfaction and final settlement of the claim, lien, or subrogation claim on the claimed amount, or any assignment of the claim.
(b) A claimant or duly authorized agent or legal representative must sign in ink a claim and any amendment to that claim. The claim shall include a statement that the information provided is true and correct to the best of the claimant's knowledge, information, and belief. If the person's signature does not include the first name, middle initial, if any, and surname, that information must be included in the claim. A married woman must sign her claim in her given name, e.g., “Mary A. Doe,” rather than “Mrs. John Doe.”
Cite this article: FindLaw.com - Code of Federal Regulations Title 46. Shipping § 46.327.45 Contents of a claim - last updated October 02, 2022 | https://codes.findlaw.com/cfr/title-46-shipping/cfr-sect-46-327-45/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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