C.F.R. » Title 32 » CHAPTER VII—DEPARTMENT OF THE AIR FORCE › SUBCHAPTER D—CLAIMS AND LITIGATION › PART 842—ADMINISTRATIVE CLAIMS › Subpart L—Hospital Recovery Claims (42 U.S.C. 2651-2653)

32 C.F.R. § 842.106

Assertable claims

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A claim should be asserted when the Air Force has furnished or will furnish medical care in military health care facilities or when the Air Force is responsible for reimbursement to a private care provider and either of the following conditions are met:

(a) Third party liability in tort exists for causing an injury or disease.

(b) Local or foreign law permits the United States to recover or the United States is a third party beneficiary under uninsured motorist coverage, medical pay insurance coverage, worker's compensation, no-fault statutes, or other statutes.

A claim should only be asserted if the base SJA determines it merits assertion. Claims for $150 or less need not be asserted; they should be asserted only if the base SJA or designee determines the collection will not exceed the cost to collect, the third party offers payment and demands a release from the United States before paying damages to the injured party, or the United States asserts a property damage claim under subpart L arising out of the same incident.

[55 FR 2809, Jan. 29, 1990. Redesignated at 81 FR 83698, Nov. 22, 2016]
Notes of Decisions
Cited in 1 case, 1978–1978 · leading case: Robert N. Coll., Pers. Rep. of the Est. of Ruth Coll., Deceased v. United States, 572 F.2d 453 (4th Cir. 1978).
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Robert N. Coll., Pers. Rep. of the Est. of Ruth Coll., Deceased v. United States, 572 F.2d 453 (4th Cir. 1978). · cites it 2× “§ 2401 (b); 32 CFR § 842.106 ; 28 CFR § 14.2 (a). Ruth College alleged she was injured on March 31, 1972 in the Bolling Air Force Base Non-Commissioned Officer’s Club when she sat on a bar stool and it collapsed.”
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