[Code of Federal Regulations]
[Title 38, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 38CFR14.618]

[Page 582-583]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
                CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS
 
PART 14_LEGAL SERVICES, GENERAL COUNSEL, AND MISCELLANEOUS
 
Sec. 14.618  Collection action.

    (a) In a case where the Regional Counsel determines that damage to 
or loss of Government property under the jurisdiction of the Department 
of Veterans Affairs resulted from the negligence or other legal wrong of 
a person other than an employee of the United States, while acting 
within the scope of his or her employment, the Regional Counsel will 
request payment in full of the amount of damage from the person liable 
therefor or such person's insurer.
    (b) The Regional Counsel may collect, compromise, suspend, or 
terminate collection action on any such claim as is authorized under 
Sec. 2.6(e)(4)(ii) of this chapter, in conformity with the standards in 
Sec. 1.900 series of this chapter. Any such claim that has not been 
collected in full and which has not been compromised, suspended or 
terminated and does not exceed $100,000, will be referred by the 
Regional Counsel to the appropriate U.S. attorney along with the 
information required by Sec. Sec. 1.951 through 1.953 of this chapter. 
Any claim in excess of $100,000 for which payment in full has not been 
made, will be transmitted along with the report required by Sec. 
14.601(a)(2)(i), a report on credit data (Sec. 1.952 of this chapter), 
and any other pertinent information, to the General Counsel for 
appropriate action.
    (c) The General Counsel or those designated in Sec. 2.6(e)(4) of 
this chapter will take action to collect in full on such claims and to 
compromise, suspend, or terminate any such claims not exceeding $100,000 
in conformity with Sec. 1.900 series of this chapter. Any such claims 
not compromised, or on which collection actions is not suspended or 
terminated and does not exceed $100,000, will be referred to the 
appropriate U.S. Attorney. Any such claims in excess of $100,000, which 
have not been collected in full, will be referred by the General Counsel 
to the Department of Justice for appropriate action.
    (d) The provisions of paragraphs (a) through (c) of this section are 
not applicable to the collection of claims involving damage to General 
Services

[[Page 583]]

Administration Motor Pool System vehicles issued for Department of 
Veterans Affairs use. Whenever there is any indication that a party 
other than the operator of a motor pool system vehicle is at fault in an 
accident, all documents and data pertaining to the accident and its 
investigation will be submitted to the General Services Administration 
Regional Counsel of the region that issued the vehicle who has 
jurisdiction over such matters. Whenever a motor pool system vehicle is 
involved in an accident, resulting in damage to the property of, or 
injury to the person of a third party, and the third party asserts a 
claim against the Department of Veterans Affairs based upon the alleged 
negligence of the vehicle operator, the claim will be considered under 
Sec. 14.600 et seq.

[38 FR 5474, Mar. 1, 1973, as amended at 42 FR 41418, Aug. 17, 1977; 61 
FR 27784, June 3, 1996]

              Claims for Cost of Medical Care and Services