title-14-part-15-sec15-5

14 CFR Ch. I (1–1–24 Edition)

Pt. 15

PART 15—ADMINISTRATIVE CLAIMS

UNDER FEDERAL TORT CLAIMS ACT

Subpart A—General Procedures

Sec.
15.1

Scope of regulations.

15.3

Administrative claim, when presented;

appropriate office.

15.5

Administrative claim, who may file.

15.7

Administrative claims; evidence and in-

formation to be submitted.

15.9

Investigation and examination.

Subpart B—Indemnification Under Section

1118 of the Federal Aviation Act of 1958

15.101

Applicability.

15.103

Exclusions.

15.105

Filing of requests for indemnifica-

tion.

15.107

Notification requirements.

15.109

Settlements.

15.111

Conduct of litigation.

15.113

Indemnification agreements.

15.115

Payment.

UTHORITY

: 5 U.S.C. 301; 28 U.S.C. 2672, 2675;

49 U.S.C. 106(g), 40113, 44721.

Subpart A—General Procedures

OURCE

: Docket No. 25264, 52 FR 18171, May

13, 1987, unless otherwise noted.

§ 15.1

Scope of regulations.

(a) These regulations apply to claims

asserted under the Federal Tort Claims
Act, as amended, for money damages
against the United States for injury to,
or loss of property, or for personal in-
jury or death, caused by the negligent
or wrongful act or omission of an em-
ployee of the FAA acting within the
scope of office or employment. The reg-
ulations in this part supplement the
Attorney General’s regulations in 28
CFR part 14, as amended. The regula-
tions in 28 CFR part 14, as amended,
and the regulations in this part apply
to consideration by the FAA of admin-
istrative claims under the Federal Tort
Claims Act.

§ 15.3

Administrative claim, when pre-

sented; appropriate office.

(a) A claim is deemed to have been

presented when the FAA receives, at a
place designated in paragraph (b) of
this section, an executed Standard
Form 95 or other written notification
of an incident, accompanied by a claim

for money damages in a sum certain
for injury to, or loss of, property or for
personal injury or death, alleged to
have occurred by reason of the inci-
dent. A claim which should have been
presented to the FAA but which was
mistakenly filed with another Federal
agency, is deemed presented to the
FAA on the date the claim is received
by the FAA at a place designated in
paragraph (b) of this section. A claim
addressed to, or filed with, the FAA by
mistake will be transferred to the ap-
propriate Federal agency, if that agen-
cy can be determined, or returned to
the claimant.

(b) Claims shall be delivered or

mailed to the Assistant Chief Counsel,
Litigation Division, AGC–400, Federal
Aviation Administration, 800 Independ-
ence Avenue, SW., Washington, DC
20591, or alternatively, may be mailed
or delivered to the Regional Counsel in
any of the FAA Regional Offices or the
Assistant Chief Counsel, Europe, Afri-
ca, and Middle East Area Office.

location listed in paragraph (b) of this
section.

(d) A claim presented in accordance

with this section may be amended by
the claimant at any time prior to final
FAA action or prior to the exercise of
the claimant’s option, under 28 U.S.C.
2675(a), to deem the agency’s failure to
make a final disposition of his or her
claim within 6 months after it was filed
as a final denial. Each amendment to a
claim shall be submitted in writing and
signed by the claimant or the claim-
ant’s duly authorized agent or legal
representative. Upon the timely filing
of an amendment to a pending claim,
the FAA has 6 months thereafter in
which to make a final disposition of
the claim as amended, and the claim-
ant’s option under 28 U.S.C. 2675(a) does
not accrue until 6 months after the fil-
ing of the amendment.

[Doc. No. 18884, 44 FR 63723, Nov. 5, 1979, as
amended by Amdt. 15–1, 54 FR 39290, Sept. 25,
1989; Amdt. 15–4, 62 FR 46866, Sept. 4, 1997]

§ 15.5

Administrative claim, who may

file.

(a) A claim for injury to, or loss of,

property may be presented by the
owner of the property interest which is

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§ 15.7

the subject of the claim or by the own-
er’s duly authorized agent or legal rep-
resentative.

(b) A claim for personal injury may

be presented by the injured person or
that person’s duly authorized agent or
legal representative.

presented by the executor or adminis-
trator of the decedent’s estate or by
any other person legally entitled to as-
sert such a claim under applicable
State law.

(d) A claim for loss wholly com-

pensated by an insurer with the rights
of a subrogee may be presented by the
insurer. A claim for loss partially com-
pensated by an insurer with the rights
of a subrogee may be presented by the
insurer or the insured individually, as
their respective interest appear, or
jointly. Whenever an insurer presents a
claim asserting the rights of a
subrogee, it shall present with its
claim appropriate evidence that it has
the rights of a subrogee.

(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 authority to present a
claim on behalf of the claimant as
agent, executor, administrator, parent,
guardian, or other representative.

§ 15.7

Administrative claims; evidence

and information to be submitted.

(a)

Death. In support of a claim based

on death, the claimant may be required
to submit the following evidence or in-
formation:

(1) An authenticated death certifi-

cate or other competent evidence show-
ing cause of death, date of death, and
age of the decedent.

(2) The decedent’s employment or oc-

cupation at time of death, including
monthly or yearly salary or earnings
(if any), and the duration of last em-
ployment or occupation.

(3) Full names, addresses, birth dates,

kinship, and marital status of the dece-
dent’s survivors, including identifica-
tion of those survivors who were de-
pendent for support upon the decedent
at the time of death.

(4) Degree of support afforded by the

decedent to each survivor dependent
upon decedent for support at the time
of death.

(5) Decedent’s general, physical, and

mental conditions before death.

(6) Itemized bills for medical and bur-

ial expenses incurred by reason of the
incident causing death or itemized re-
ceipts of payment for such expenses.

(7) If damages for pain and suffering

prior to death are claimed, a physi-
cian’s detailed statement specifying
the injuries suffered, duration of pain
and suffering, any drugs administered
for pain, and the decedent’s physical
condition in the interval between in-
jury and death.

(8) Any other evidence or information

which may have a bearing on either the
responsibility of the United States for
the death or the amount of damages
claimed.

(b)

Personal injury. In support of a

claim for personal injury, including
pain and suffering, the claimant may
be required to submit the following
evidence or information:

(1) A written report by the attending

physician or dentist setting forth the
nature and extent of the injuries, na-
ture and extent of treatment, any de-
gree of temporary or permanent dis-
ability, the prognosis, period of hos-
pitalization, and any diminished earn-
ing capacity.

(2) In addition to the report required

by paragraph (b)(1) of this section, the
claimant may be required to submit to
a physical or mental examination by a
physician employed by the FAA or an-
other Federal agency. A copy of the re-
port of the examining physician is
made available to the claimant upon
the claimant’s written request if the
claimant has, upon request, furnished
the report required by paragraph (b)(1),
and has made or agrees to make avail-
able to the FAA any other physician’s
reports previously or thereafter made
on the physical or mental condition
which is the subject matter of the
claim.

(3) Itemized bills for medical, dental,

and hospital expenses incurred or
itemized receipts of payment for such
expenses.

(4) If the prognosis reveals the neces-

sity for future treatment, a statement