BP Claims Process; Q&A From & Link to Gulf Oil Spill Webinar
Many of the participants in the Gulf Oil Spill Webinar held on Friday, June 25, 2010 asked questions regarding the types of claims to submit, the mechanics of the claims process, whether insurance policies will provide coverage for losses and whether there is other financial assistance available.
BP bears responsibility for various categories of damages, explained in:
BP Claims Process for Damages from Deepwater Horizon Oil Spill
You can file claims by visiting the website www.bp.com/claims or visiting one of the BP claim centers. Lost rental income as a result of cancellations are included, but you have to substantiate the loss of revenue by tracking cancellations and showing historical earnings.
Reductions in Staff / Loss of Employment
One participant indicated the association needed to let go of staff as a result of decreased demand and asked whether fired employees could file claims for lost income. The answer is yes and they should file those claims. They will need some form of documentation from the former employer. Associations in this predicament should have counsel prepare or at least review this documentation to ensure it doesn't jeopardize their claims.
Calculation of Damages or Losses
Another participant asked whether they needed to file multiple claims or wait until the season was over to calculate and file claims. You only need to file your claim once - you can update your claim file as damages accrue. However, please read the fine print carefully! Sometimes even cashing a check operates as satisfaction of the claim. If you're not sure, please consult with counsel.
Insurance Issues
Many participants asked about insurance coverage. Officials from the NFIP (National Flood Insurance Program) announced that it will pay claims for property damage to homes (and contents) from oil driven ashore in storm surges, but there are limitations. Flood insurance does not cover any special clean up costs associated with oil contamination. Flood insurance provides coverage for damages from rising water (storm surge), not contamination or damages from wind containing water saturated with oil. Many casualty/property insurance policies exclude damage from pollutants so please check with your agent (or the carrier) to learn what your coverage includes.
Other Financial Assistance
Florida offers Small Business Emergency Bridge Loans. These are short term loans to established businesses.
SBA announced that it has made Economic Injury Disaster Loans (EIDL) available and has deferred payments on many disaster loans in the impacted areas. Funds may be used to meet payroll, accounts payable and other financial obligations.
What if BP denies my claim?
If claims are denied or not addressed after ninety (90) days, you may appeal to the U.S. Coast Guard. You may also submit a claim to the National Pollution Funds Center.
Link to Webinar
If you could not attend the webinar or would like an opportunity to absorb the information again, here is a link: BP Claims Process Webinar
We thank all the webinar participants for their valuable input and will continue to provide information to assist you through this process.
It is my opinion that the BP Claims process is designed to wear down all but the most persistent and well organized claimants. Below are some of examples of what I am been through and discovered since May 11.
/ You must dial thru one number to speak to an adjustor who is invariability “unavailableâ€
/ they do not have or allow voice mail
/ they phone you from “unknown numbersâ€
/ they refuse to use/accept email
/ The fax number to send documents to is often busy or full and refuses to accept the fax
/ the fax you send takes 3 to 5 days to reach the adjustor
/ they constantly ask for more information or documents starting the long process over again of their receipt of the fax and then actually getting them on the phone to confirm.
/ they ask for the refax of information they say is not readable
/ they lose both computer and faxed information routinely
In this electronic age to suggest that the use of voice mail and email is not allowed and that the only means of communication is through a fax that takes 3 to 5 days to reach the adjustor and a phone call to one number where you are in a queue from 5 to 50 only to discover that the adjustor is doing what they are supposed to be doing- that is on the other line and unavailable to talk is unbelievable. It leads me to believe the process is setup this way on purpose.
I called on May 11th to file a claim and was issued a claim number and told I would receive a call within 5 days from an adjustor. No call ever came. I called on the 25th and was told the claim did not exist and I would receive a call within two hours and that call never came. On May 29th I filed the claim on the BP web site and two days later received a call telling me that my claim had been received; no number was provided but that an adjustor would call within 5 days. No call ever came.
On June 14th I called and was told that no claim existed in my name, number, phone number, property address etc. I was told that someone would a within two hours to discuss. No call ever came.
On June 17th I called the claim hotline again and filed the claim and was issued a number. I did receive a call back two days later and was told that I needed to fax certain documents to be considered. Those documents were faxed on June the 19th the same day as the call. On June 20th I received a call from Kelly Criner and she stated she would be my adjustor. It was Sunday and father’s day and I replied to the message first thing on Monday the 21st. She told me that I needed to resend several documents and would call me upon receipt. She never called. On Tuesday I called her to confirm receipt and she was unavailable. On Wednesday, Thursday and Friday I called Ms. Criner and after waiting each time in the queue I was told she was unavailable.
On Monday the 28th I called and was told she was unavailable. At this point I had had enough. I demanded to speak to a supervisor and was told none were available. I asked for the address of the facility and told that information was not available. I demanded to speak to Ms. Criner and was told that she was no longer at that facility. I asked why she would be moved and was told that was none of my business.
I then asked how I would communicate with the assigned adjustor if she was no longer available and was told that I had been assigned a new adjustor- Jennifer Fagan. I asked to speak with Ms. Fagan and was told that she was unavailable. I demanded once again to speak with a supervisor. Someone else got on the phone and said my adjustor was Allen Freeman and I was transferred to Mr. Freeman who immediately stated he knew nothing about my file and I needed to hold for a transfer. I was transferred to Bradley Capps who said he was a “glorified secretary- without a dress†but that he would have the proper adjustor call me back within 1 hour. I explained to him that I had the call back routine for 6 weeks and no one had ever called and that it was apparently a consistent lie that was used. He told me he was giving me his word and that someone would call me within one hour. After 5 hours of waiting I called again and after 30 minutes more of holding and being transferred I was assigned to BJ Bennett as my new adjustor.
Ms. Bennett requested additional information amounting to over 50 pages of various documents which were all faxed on that day and the next two days. On June 30th I called after sending the final of four fax to confirm receipt and that is when I was told it would take up to 5 days for her to receive them. On the afternoon of the 28th thru the afternoon of the 29th no fax was allowed to go thru, the answer said “full†and hung up.
You might understand the level of my frustration that now closing in a two months of huge amount of an investment in this process I am not much further along than when I started.
The BP process is the most inefficient, disorganized, dysfunctional process I have ever encountered. But it does give some understanding as to why these people can not plug the hole.
I am a well organized and persistent business man and can and will push through this process. However I know that many do not have the tools and persistence that I have and will be run over by BP and this process they have setup. These people more than likely are the very ones that need the most help and that worries me greatly.
Someone needs to rattle the chains and force BP to change the process to one that is more user friendly and convenient for the claimants to use. The current process is all about BP and not at all about the poor people that are suffering in this disaster they caused.
Thank you.