[Code of Federal Regulations]

[Title 14, Volume 5]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR1261.108]



[Page 335]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

                          SPACE ADMINISTRATION

 

PART 1261_PROCESSING OF MONETARY CLAIMS (GENERAL)--Table of Contents

 

           Subpart 1261.1_Employees' Personal Property Claims

 

Sec. 1261.108  Recovery from carriers, insurers, and other third parties.



    (a) General. NASA is not an insurer and does not underwrite all 

personal property losses that an employee may sustain. Employees are 

encouraged to carry private insurance to the maximum extent practicable 

to avoid large losses or losses which may not be recoverable from NASA. 

The procedures set forth in this section are designed to enable the 

claimant to obtain the maximum amount of compensation for personal 

property loss or damage. Failure of the claimant to comply with these 

procedures may reduce or preclude payment of the claim.

    (b) Demand on carrier, contractor, warehouse owner/operator, or 

insurer. When it appears that property has been damaged or lost under 

circumstances in which a carrier, warehouse owner/operator, contractor 

or insurer may be responsible, the claimant shall make a written demand 

on such party, either before or after submitting a claim against NASA. 

The Administrator or designee, if requested, will assist in making 

demand on the third party. No such demand need be made if, in the 

opinion of the Administrator or designee, it would be impracticable or 

any recovery would be insignificant, or if circumstances preclude the 

claimant from making timely demand.

    (c) Action subsequent to demand. A copy of the demand and of any 

related correspondence shall be submitted to the Administrator or 

designee. If the carrier, insurer, or other third party offers a 

settlement which is less than the amount of the demand, the claimant 

shall consult with the Administrator or designee before accepting the 

amount offered. The claimant shall also notify the Administrator or 

designee promptly of any other action by a third party, including 

settlement, partial settlement, or denial of liability.

    (d) Application of recovery. When the amount recovered from a 

carrier, insurer, or other third party is greater than or equal to the 

claimant's total loss as determined under this subpart, no compensation 

is allowable under this subpart. When the amount recovered is less than 

such total loss, the allowable amount is determined by deducting the 

recovery from the amount of total loss subject to the maximum set forth 

in Sec. 1261.102.

    (e) Transfer of rights. The claimant shall assign to the United 

States, to the extent of any payment accepted on a claim, all rights, 

title, and interest in any claim he/she may have against any carrier, 

insurer, or other party arising out of the accident or incident on which 

the claim against the United States is based. The claimant shall also, 

upon request, furnish such evidence and other cooperation as may be 

required to enable the United States to enforce the claim. After payment 

on the claim by the United States, the claimant shall, upon receipt of 

any payment from a carrier, insurer, or other party, notify the 

Admininstrator or designee and pay the proceeds to the United States to 

the extent required under the provisions of paragraph (d).