It has been confirm by Mr. Feinberg today that people can now file for a BP final claim payment even if they have been denied an emergency claim from BP. The reason why you could be approved with a BP final claim and not a BP emergency claim is because of the release you will give BP after receiving your final claim.
Size of the bp final claim payment
After the oil spill claim fund has paid out 2 billion dollars to about 123,000 people and expect to pay about 175,000 people in the emergency payment phase of the oil spill payout. November 23 marked the deadline for filing the BP emergency claim and now the gates are open for filing your bp final claim. So what should you expect for a final claims payment from BP, well before on these pages I have talked about a factor of 50, or about 4 years of losses. After reading other peoples remarks of the bp final claim payment I would say that the number should be between 36 and 50 or between 3 to 4 years of losses.
Who do you contact to file your BP final claim ?
As with the BP emergency claim, you can file it online, go to a BP claims office or send the claim in by mail. At this point as the final claim is dealing with all future losses it would be a good idea to have an attorney in your corner to guide you though the process of the final claim and what you can expect to get from the Gulf Coast Claims Facility. Not that they would short change you but as always with any claim its a negotiation process where you can accept the first offer of negotiate with the GCCF for a bigger final claim. Also just because you get an attorney in your corner does not mean you have to go the way of a lawsuit, as an attorney can do all the negotiation with the GCCF for you. You should expect to pay an attorney 20-25% of your final claim payment for this service.
Deadline on the BP final Claim
The deadline on filing your final claim with BP is 3 years from now on August 23 2013, so there is time for you to see what kind of losses you might have but also it will give you some time to see what kind of payments are being paid by BP before you accept your final claim payment. Remember also the quarterly interim claim that still can be file with GCCF for cost you might have the next few years before you file your BP final claim
Is BP oil spill claims administrator Kenneth Feinberg being fair with victims of the spill? Someone at The New York Times seems to think so. Times business writer Joe Nocera recently sat down to lunch with Mr. Feinberg at NYC’s swanky Carlyle Hotel. The topic at hand was Feinberg’s current job, as overseer of the fund designated for paying BP oil spill claims victims. Since taking on the position (after being recommended by President Obama), Mr. Feinberg has borne the brunt of claims woes. He’s been accused of purposely dragging his feet on paying out claims, and was also recently accused of being paid off by BP – to the tune of nearly a million dollars a month.
400,000 people file for emergency claim payment
Since the spill ended and cleanup efforts began, Mr. Feinberg and the Gulf Coast Claims Facility (the organization in charge of accepting and paying out BP oil spill claims) have been reviewing claims applications for emergency funds. These are considered holdover payments, to help pay lost wages, cleanup costs and other expenses associated with the spill to people in need. So far, they’ve taken in over 400,000 claims from Gulf Coast businesses and residents. Of the $20 billion of BP money earmarked for oil spill victims, nearly $2 billion has already been awarded via emergency claims.
Lump Sum Payments to oil spill victims
The window on those emergency claims is about to close, however. On November 23rd, the emergency funds process of the claims cycle will end. After Thanksgiving, the remaining monies will turn to giving spill victims lump sum payments as a “one and done” solution for resolving damages. This is intended to avoid a costly and time-consuming class action litigation suit. “Look at the Exxon Valdez case,” said Mr. Feinberg. The Exxon Valdez spill took place in 1989, but victims didn’t receive payout for over 20 years due to a lengthy court battle. The award amount was reduced after judgment went out, and victims wound up with only about $15,000 each in damages.
80,000 claims still waiting a decision
So far, BP oil spill claims payouts are faring much better – an average of nearly $800,000 per paid out claim, according to data from the Gulf Coast Claims Facility. This is despite complaints that many people have received a reduced amount, or had their claims denied. He and the GCCF have said that many of the claims they’ve denied for emergency funds have been turned down due to fraudulent reasons. In interviews, Mr. Feinstein has also maintained that more than 80% of claimants have received the full amount requested. In the final days before the close of this phase of claims applications, nearly 80,000 emergency claimants are still awaiting a decision.
BP Final payment is what everybody is waiting for
The next round of BP oil spill claim applications, which will be for final payments, is expected to be expensive. This, says Feinberg, is intended to avoid the cost and frustration of a lengthy litigation battle that won’t be good for Gulf Coasters. “I have to offer them enough money that they’ll be willing to give up their right to sue,” he said. “A lot of people, and a lot of businesses are going to get a premium, no doubt about it.”
With the claims process already involving nearly half a million people and businesses, and more expected to file for non-emergency damages, coordination is bound to be difficult. Coordinating the process without a massive court battle stands to be even more of a challenge. While those affected by the oil spill might believe Feinberg and the GCCF are mishandling the claims process, it’s possible they’re just not seeing some of the behind-the-scenes work going on. As for Mr. Nocera, he believes that “until something better comes along, Mr. Feinberg’s is the fairest way to compensate the greatest number of people.”
Joe Nocera. “Justice for Spill Victims, Like It or Not.” The New York Times.