The Boeing Financial Assistance Fund (the “BFAF” or the “Fund”) was established by The Boeing Company to provide $50 million to be allocated among the 346 families and other beneficiaries who lost loved ones in the Lion Air 610 (October 29, 2018) and Ethiopian Airlines 302 (March 10, 2019) accidents. Participation in the BFAF is separate and apart from any ongoing or future personal injury/death litigation. The Fund is entirely voluntary. No individual is required by law or regulation to participate in the BFAF.
No. No Release from litigation or other precondition of participation is required. Payments allocated pursuant to the BFAF Protocol do not require that any eligible claimant, heir or beneficiary sign a waiver or release, or surrender any rights they may have in connection with any litigation or regulation.
Kenneth R. Feinberg and Camille S. Biros are the neutral and independent Administrators of the BFAF (the “Administrators”). They were hired to develop and design a Protocol for the submission and evaluation of claims voluntarily submitted to the BFAF and to distribute payments to the families and beneficiaries of the passengers who died on Lion Air 610 and Ethiopian Airlines 302.
Mr. Feinberg and Ms. Biros designed and administered the September 11th Victim Compensation Fund of 2001, the Gulf Coast Claims Facility related to the Deepwater Horizon Oil Spill in 2010, the OneFund Boston 2013 Victim Relief Fund, the OneOrlando Fund, among many others.
To be eligible to file a claim with the BFAF you must be the Legal Representative of the victim’s estate as determined by the estate law of the victim’s domicile. This may be the spouse, descendent, relative or other person who is authorized by law to serve as the deceased passenger’s legally authorized personal representative, executor, or other individual legally authorized to oversee the deceased passenger’s estate.
Documentation of the legal appointment of the Legal Representative is required. (See FAQ No. 4.3.)
Note: the determination of the Legal Representative is not the same as the determination of who ultimately receives the BFAF compensation. The Legal Representative shall propose a Distribution Plan in a manner consistent with the estate law of the victim’s domicile. All legal heirs and beneficiaries must consent to the appointment of the Legal Representative and the proposed distribution.
No. There is no fee associated with filing a claim with the BFAF. You may, however, incur fees from professionals such as lawyers if you choose to retain their services. The BFAF will not pay or reimburse you for such fees.
No. You can file a claim with the BFAF without the necessity of hiring a lawyer. The choice is up to you. You may want the assistance of a lawyer in completing the Claim Form and obtaining the necessary documentation. Or, you may decide to complete the Claim Form yourself.
Copies of the Claim Form may be obtained in the following ways: Note: Only one Claim Form per Individual should be submitted.
Claim packets, including a Claim Form, will be sent to all families of the victims of Lion Air Flight 610 and Ethiopian Airways Flight 302.
You may call the Administrators toll free at 855 484-8327 or email BFAF Claimant Services at Claimantservices@BoeingFinancialAssistanceFund.com to confirm you are on the list to receive a Claim packet and if confirmed to request a copy of the Claim Form.
Claim Forms should be submitted either electronically through the BFAF website at BoeingFinancialAssistanceFund.com or by mailing your completed Claim Form and required supporting documentation via U.S. Mail or overnight courier to:
The Boeing Financial Assistance Fund
c/o The Law Offices of Kenneth R. Feinberg, PC
1455 Pennsylvania Avenue, N.W., Suite 390
Washington, DC 20004
All claimants will be issued an identification number affixed to their Claim Packets to allow electronic filing of the Claim Form and supporting documentation.
All Claims must be mailed, sent by overnight courier or submitted electronically through the BFAF website by December 31, 2019.
Yes. The Administrators will keep your information confidential.
The BFAF website, Protocol, Claim Form, Instructions for Completing the Claim Form, and Frequently Asked Questions will be made available in English and Indonesian. However, to ensure that families have the greatest access possible to the fund, BFAF will translate any documents into any language requested. Requests for translation into other languages should be sent via email to Claimantservices@BoeingFinancialAssistanceFund.com.
Representatives who speak other languages will be made available upon request.
You can contact the Administrators by either sending your message/question via email to Claimantservices@BoeingFinancialAssistanceFund.com or by calling toll free (855) 484-8327 and leaving a voicemail message.
You will be notified of any deficiency in your documentation or any missing required documentation once you have submitted your Claim Form. You will be able to review the status of your claim and any documentation deficiencies when you access your claim online. Please ensure that your full name and Social Security Number, National Identification Number or other Tax Identification Number appear on every communication submitted to the BFAF.
Once you receive your claim packet materials and Claim Form, you will immediately be provided with a unique Claimant Identification Number. You will use that identification number to log into the system. You will then be prompted to create your unique password which will allow you to electronically file your claim, track the status of your claim, and upload additional documentation.
If you would like to supplement your submission or correct or remedy a deficiency with your submission, you may submit that information electronically via the BFAF website at BoeingFinancialAssistanceFund.com. You may also send this documentation via mail or courier service (all supplemental documentation should include your unique Claimant Identification Number, your full name, Social Security Number, National Identification Number or other Tax Identification Number).
In order to be determined an eligible claimant entitled to compensation, the following is required:
These requirements will be clearly defined on the Claim Form.
Yes. You may choose to be represented by a lawyer at your own expense. The lawyer must be identified on your Claim Form. If a lawyer is retained later in the process, you must promptly notify the BFAF Administrators of the retention. If you are represented by a lawyer, you must provide to the Administrators a signed Retention Agreement or letter of representation between you and your lawyer signed by you and your lawyer. The Administrators will communicate directly with such lawyer instead of you regarding all issues associated with your Claim.
If the Claimant is a minor, an incompetent adult, an Authorized Representative of the Claimant, such as the parent, legal guardian, legal representative, guardian ad litem or the equivalent as required by the law of the victim’s domicile, may file the Claim Form. Proof of representative capacity is required. More detailed documentation requirements will be provided with the Claim Form.
No. You do not need to hire a lawyer to file a claim with the BFAF.
The Administrators of the BFAF and their staff will review all Claim Forms, along with the supporting documentation provided, and will decide both the eligibility of the claim and the pro rata distribution of BFAF compensation for each individual victim in accordance with the Protocol. A copy of the Protocol is available to the public on the BFAF website at BoeingFinancialAssistanceFund.com.
BFAF funds will be distributed on a rolling basis, after the claimant submits all required documentation, the Administrators have determined that a claim is eligible, and that payment can be made consistent with the Distribution Plan submitted by the Legal Representative. Individual payments need not await the processing of all 346 submitted claims.
All eligible claimants will receive the same amount of money from the BFAF for each individual victim in accordance with the estate law of the victim’s domicile. BFAF funds will be distributed pro rata based on the estate law of each victim’s domicile. The funds will be distributed upon receipt of all required supporting documentation pertaining to the claimant’s eligibility and a review of each submitted claim by the Administrators and their staff. Only one Claim Form, submitted by the legally authorized representative on behalf of each of the 346 passenger victims, will be accepted by the Administrators.
A claimant filing a BFAF claim on behalf of a victim must be the Legal Representative of the victim as determined by the estate law of the victim’s domicile. This may be the spouse, relative or other person who is authorized by law to serve as the victim’s legally authorized Personal Representative, executor or other individual legally authorized to submit the Claim. Documentation of the legal appointment of the Legal Representative will be required, whether by court order, attestation, documented agreement of all heirs and beneficiaries or other types of documentation as required by the law of the victim’s domicile.
In addition, a claimant filing a BFAF claim as the Legal Representative must submit a proposed Distribution Plan to the Administrators as part of the Claim Form. This Distribution Plan shall detail the proposed distribution of compensation among the victim’s legal heirs and beneficiaries. All such legal heirs and beneficiaries must sign the Claim Form consenting to the appointment of the Legal Representative. All legal heirs and beneficiaries must also consent to their respective individual allocation of the BFAF compensation. Note: no compensation will be authorized by the Administrators without the signature of all designated heirs and beneficiaries.
If any dispute exists over the terms of the Distribution Plan which cannot be resolved by the parties, the Administrators will not transfer the funds to the parties pending resolution of the dispute.
All Legal Representatives must, prior to completing and filing the Claim Form, notify the heirs and beneficiaries of the filing of the claim. These heirs and beneficiaries may include the immediate family members of the deceased and any other persons who may reasonably be expected to assert an interest in the BFAF compensation pursuant to the estate law of the victim’s domicile. All such heirs and beneficiaries must be listed in the Claim Form and must affix their respective signatures where designated.
The Administrators of the BFAF will not respond to tax inquiries from eligible claimants. Instead, eligible claimants should contact their own tax advisors concerning any issues associated with tax liability.
Once your Claim Form and supporting documentation are received, the Administrators will process your claim promptly. Claims are reviewed by the Administrators on a rolling basis. You will receive written notice by mail and/or by email regarding any action taken on your claim, including the determination of your claim, notification of deficiencies in documentation and requests for additional documentation. You may also log into the BFAF website using your unique identification number to check the status of your submitted claim.
Upon determination of your claim, the Administrators will send you written notice of your Claim Determination. The Legal Representative will be responsible for submitting a proposed Distribution Plan to the Administrators as part of the Claim Form indicating how any BFAF compensation should be allocated among the victim passenger’s heirs and beneficiaries consistent with the law of the victim’s domicile. If any dispute exists over the terms of the Distribution Plan which cannot be resolved by the parties, the Administrators will not transfer the funds to the parties pending resolution of the dispute. The Legal Representative will complete and submit to the Administrators the Payment Form (Exhibit B) included in the Claim Packet.
To assure that all eligible claimants receive their designated BFAF compensation pursuant to the Protocol, no payments will be transmitted directly to claimants until such time as the Administrators, in the exercise of their sound discretion, are able to assure, to the best of their ability, the safety and security of the transmitted funds.
Claimants will be provided a Payment Form to be completed by the claimant and submitted to the Administrators. Payments will be issued by the BFAF following the final processing of an eligible claimant’s Claim Form. The Administrators will authorize the payment, by electronic funds transfer to each eligible claimant.