The Study on the Giving Evidence Effectiveness of Claim about Ship’s Collision / 船舶碰撞理賠有效舉證之研究

碩士 / 國立臺灣海洋大學 / 商船學系 / 104 / Taiwan is a nation consisting of islands, with business marine traffic within her waterways. Marine incidents therefore occur from time to time. According to the MoTC statistics for the period from 2011-2015, up to 51.11% of incidents were collision related. Yet, claim handling process was time consuming, mainly because it was hard to solve liability issue. Following the incidents, the insurance companies and their surveyors attended to collect relevant information with an aim at restoring the actual circumstances surrounding the incident. It is thus of utmost importance to have solid evidences during the fact finding process. Nevertheless, crewmembers involved in a collision often found it difficult to fully recollect their memories and so statements from them were usually incomplete.
By way of comparison on cases in this article, it is found that crewmembers being interviewed were often unable to recollect what exactly happened in a collision, nor were they able to preserve related evidences, which resulted in difficulties to the interviewers to restore the circumstances in a logical way. Therefore, Swiss cheese theory and Deming Cycle were later adopted to offer an effective evidence collection in a collision case, and to find out what errors, both seductive and latent, that easily caused collision. With these errors in hand, the responsible management within the company can be identified, and what steps to be taken for an investigation following a collision can also be found. Doing so, the whole picture of the incident and damage extent may be clearly described to enable the liability assessment as well as to complete a good claim handling. The result depicts an effective evidence collection within the company’s management level.
The Swiss cheese theory and Deming Cycle are methods utilized in this research. The purpose is to use reasonable methods to rightly describe the marine incident in this research, and therefore more accurately improve evidence collection. This research is of study research. By way of analyzing case precedents and practices, related operational procedures are made. Not innovative but hopefully of some valuable reference for future marine incidents.

Identiferoai:union.ndltd.org:TW/104NTOU5728022
Date January 2016
CreatorsHsia, Fu-Hsiang, 夏福祥
ContributorsChang, Ki-Yin, 張啓隱
Source SetsNational Digital Library of Theses and Dissertations in Taiwan
Languagezh-TW
Detected LanguageEnglish
Type學位論文 ; thesis
Format123

Page generated in 0.0015 seconds