FAQs
Q. Who is to blame for the disaster?
A. It is too soon to say who was to blame. The Health and Safety Executive will need to investigate the events and a report is not expected for many weeks. TOTAL has however launched a ‘repair and assistance’ helpline for residents and businesses who require help with emergency repairs to their houses and premises. The number to call is 0800 294 4250, from 9am – 7pm Monday to Friday.
Q. Will there be a public enquiry?
A. We don’t know yet. We have contacted the Home Secretary calling for a public inquiry and approached the site operators asking for their support for a public enquiry.
Q. What caused the disaster?
A. It is far too soon to say, there are various possible causes but authorities indicate it was accidental. Police are investigating claims that there had been fuel leaks at the depot for up to two weeks before the fire started.
Some safety experts maintain that tank or pipeline failure may be to blame.
The maintenance and Health and Safety records will be the subject of close scrutiny. It may well be the case that some maintenance functions were subcontracted to other companies who may be found liable.
Q. Has the environment been damaged?
A. Almost certainly although the exact extent is not known. You can read the Environment Agency Press Releases which will update you regarding the situation at http://www.environment-agency.gov.uk/yourenv/857406/1242738/
Q. I have had to move out of my home, do I have a claim?
A. Almost certainly yes. You should notify your insurers that the property is unoccupied. Also keep a detailed record of any expenses that you have incurred as a result, including accommodation costs, meals, travel expenses etc.
Q. My property has been damaged as a result of the initial blast and smoke. Do I have a legitimate claim?
A. Yes. If your home or personal property has been damaged, again notify your insurers if your property is insured. Obtain photographic evidence of the damage, take names of witnesses who can confirm that damage was caused. Keep detailed records and any receipts.
Q. How do I bring a claim?
A. In order to bring a claim in respect of the disaster you have to prove that someone else was negligent or in breach of the duty they owed you in law and that their action or lack of action resulted in your injury.
Q. Will I have to go to Court to prove my claim?
A. Probably not. In the vast majority of claims liability is admitted and the case will be settled out of court sometimes without court proceedings ever having been commenced. Be aware that any Court proceedings must be commenced within three years from the date of the incident.
Q. Do I have to wait until the conclusion of my case before receiving any payment?
A. No. If liability is not in issue we can usually arrange for interim payments to be made.
Q. How much is my claim worth?
A. There are two types of damages, which ordinarily an individual will claim following an accident.
The first type is called "Special Damages". These are items that are ascertainable quite easily, such as:
a) loss of earnings,
b) damage to property,
c) prescription charges/medical report fees.
It is important that you always keep a note of any expenses that are incurred and if at all possible retain receipts.
The second kind of damage is called "General Damages". These are damages that are paid for pain, suffering and loss of amenity. It is difficult to assess how much a claim is worth immediately after an accident, simply because it is likely that the injuries that have been caused will not have been fully healed. Whilst we may be able to give a broad band of what a claim may be worth, it is not possible to give a certain figure until such time as medical reports are available and your injuries have healed or at least are stable.
Disclaimer
- 16/01/06
- 02/02/06
- 10/05/06
- 22/03/06
- 04/01/06
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