Our recommendation how to deal with advance payments by Malasya Airlines – Do not “blindly” sign receipt!
Recent press releases relating to the crash of flight MH17 indicate that Malaysia Airlines may be paying the next of kin families a quick compensation of USD 5.000 per killed passenger which in accordance with Article 28 of the Montreal Convention of 1999 is a standard procedure without on one hand being considered as an acceptance of blame by the air carrier and on the other hand prejudicing the rights of the next of kin families to continue with their full claim.
Please find here below the full text of article 28 of the Montreal Convention:
|Article 28 – Advance paymentsIn the case of aircraft accidents resulting in death or injury of passengers, the carrier shall, if required by its national law, make advance payments without delay to a natural person or persons who are entitled to claim compensation in order to meet the immediate economic needs of such persons. Such advance payments shall not constitute a recognition of liability and may be offset against any amounts subsequently paid as damages by the carrier.|
We do nevertheless recommend to next of kin families not to “blindly” sign receipt and claim releases but to mark them with
|“fully without prejudice as to our rights under the Montreal Convention and as to any other applicable laws”.|
Please contact us if we may be of assistance in connection with the Compensation for wrongfull death.
MH17: Crash on Thursday 17 July 2014 – Airline Liability under the Montreal Convention of 1999 for Wrongful Death