GCCF Claims Types
Available to Claimants
After the BP Oil Spill

The Gulf Coast Claims Facility ["GCCF"] claims office established two paths for filing non-emergency claims. These are interim claims and a final claim.

Generally, GCCF interim claims are quarterly claims which do not obligate the business to waive future damages. The GCCF Protocol anticipates that claimants may file one or more interim claims, each covering a 3 month period, and claim payments will not require a settlement agreement releasing responsible parties. Those that file interim claims with the GCCF would ultimately also file a final claim with the GCCF

GCCF final claims, in contrast, settle all past and future claims for damages, and require a signed release before receiving a GCCF final payment from the GCCF. Although interim claims may have been filed, they are not prerequisites to filing for a GCCF final claim. Seek advice before filing any claims with the GCCF, and before signing any settlement agreement.

Businesses which filed for, and received emergency GCCF payments, are now eligible for a lump sum settlement. This "Quick Claim Final Payment" from the GCCF offers $25,000 to those businesses without the need for further documentation. A similar, $5,000 payment is available to individuals who received emergency payments. These require full releases -- seek counsel before agreeing.

Review alternative routes to recovery, including filing litigation and a filing with the Coast Guard under the OPA.

Undertake claims with the GCCF with a diligent analysis and review of your businesses specific operation and books. With many industries, particularly hotels and motels and other tourist locations on the Gulf Coast, income after costs-of-goods, or net income, are cyclical over weekly and annual periods. Similar patterns exist for restaurants, wholesale seafood operations or fishing vessels.

Businesses demonstrating and projecting sales but-for the BP spill, and income losses and damages due to the BP spill, will benefit from the assistance of both legal counsel and competent insurance loss professionals.

While there are common tools for projecting income and analyzing losses, each review is unique, and depend on the specifics of the operation. For example, the claim analysis for an individual deep sea or offshore diver is different from a diving business with payroll and a large capital outlay. Choose wisely when you seek help for filing a claim for lost income.

Whether or not your business has filed for emergency support from the GCCF, consider filing both interim and final claims with the GCCF.

• Assemble financial data for an extended period before the loss, in aid of estimating the loss of business income after the loss
• Assemble financial data for the period following the loss
• Take steps to resolve claims related to property damage, if any -- some pointers for resolving property claims, in general, are here
• Mitigate damages
• Consider some steps common to all commercial claims
• Consult with a competent loss professional, and seek legal counsel