32 C.F.R. § 842.120 Asserting the claim.
Title 32 - National Defense
When asserting the claim, the base SJA will: (a) Assert it against the third parties whose liability is based in tort using an SF 96, Notice of Claim. Mail the original and one copy to each of the third parties and a copy to the third parties' insurers, if known. (b) Assert it against third parties or insurers whose liability is not based in tort using a formal letter written on Air Force stationery. The letter will include the facts and legal basis for liability. Bases for liability could include local foreign law, US status as a third party beneficiary under uninsured or underinsured motorist coverage, workers' compensation laws, and no fault statutes. The specific provision of the injured party's insurance contract should be cited where appropriate. (c) Mail all copies of the SF 96, or claim notice on Air Force letterhead: (1) By certified mail with return receipt requested in all claims in which the amount claimed is $5,000.00 or more or in which there is a substantial likelihood that the final amount claimed will be $5,000.00 or more. (2) By regular or certified mail with return receipt requested at the SJA's discretion in cases in which the final amount claimed is less than $5,000.00, unless there is no response to the initial notice of claim within a reasonable period of time and a second notice of claim is required to be mailed. All second notices of claim and copies will be mailed by certified mail, return receipt requested. (d) Notify the injured parties promptly in writing that the United States will attempt to recover from the third parties the reasonable value of medical care furnished or to be furnished and that they: (1) Should seek advice from a legal assistance officer or civilian counsel and furnish the civilian counsel's name to the claims officer. (2) Must cooperate in the prosecution of all actions of the United States against third parties. (3) Must furnish a complete statement regarding the facts and circumstances surrounding the incident which caused the injury. (4) Must not execute a release or settle any claim which exists as a result of the injury without prior notice to the SJA. (5) Should read the enclosed Privacy Act statement.
Title 32: National Defense
PART 842—ADMINISTRATIVE CLAIMS
Subpart N—Hospital Recovery Claims (42 U.S.C. 2651–2653)
§ 842.120 Asserting the claim.
