(a) A claim for injury to or loss of property may be presented by the owner of the property, his duly authorized agent, or legal representative.
(b) A claim for personal injury may be presented by the injured person, his duly authorized agent, or legal representative.
(c) A claim based on death may be presented by the executor or administrator of the decedent's estate, or by any other person legally entitled to assert such a claim in accordance with applicable State law.
(d) A claim for loss wholly compensated by an insurer with the rights of a subrogee may be presented by the insurer. A claim for loss partially compensated by an insurer with the rights of a subrogee may be presented by the parties individually as their respective interests appear, or jointly.
(e) A claim presented by an agent or legal representative shall be presented in the name of the claimant, be signed by the agent or legal representative, show the title or legal capacity of the person signing, and be accompanied by evidence of his authority to present a claim on behalf of the claimant as agent, executor, administrator, parent, guardian, or other representative.
[36 FR 12448, June 30, 1971, as amended at 45 FR 43720, June 30, 1980]
Notes of Decisions
Robert Wayne Dotson v. United States, 30 F.4th 1259 (11th Cir. 2022).
“Under 39 C.F.R. § 912.6 , the regulation that identifies who can file an administrative claim under the FTCA involving the USPS, “[a] claim for personal injury may be presented by the injured person, his duly authorized agent, or legal representative.”
Larry N. Shelton v. United States, 615 F.2d 713 (6th Cir. 1980).
· cites it 2× “This distinction is inherent in 39 C.F.R. § 912.6 (D) 2 *716 which permits subrogees to present wholly compensated claims, but requires both insurers and injured parties to participate, either jointly or individually, in filing partially compensated claims.”
Joset M. Cizek v. United States, 953 F.2d 1232 (10th Cir. 1992).
“This distinction is inherent in 39 C.F.R. § 912.6 (D) which permits subrogees to present wholly compensated claims, but requires both insurers and injured parties to participate, either jointly or individually, in filing partially compensated claims.”
Vincent v. United States (M.D. Fla. 2025).
· cites it 2× “The particular regulation at issue here—and the one upon which the government relies—is 39 C.F.R. § 912.6 (e), which concerns the presentment of a claim to the USPS.”
Frizzell v. United States (N.D. Tex. 2021).
“However intuitive that argument might be, it is still just as wrong as it was when the Court first addressed it: Each claimant must present her claim to the Postal Service for decision before filing suit.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.