title-14-part-15-sec15-7

Federal Aviation Administration, DOT

§ 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

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§ 15.9

of expected expenses for such treat-
ment.

(5) If a claim is made for loss of time

from employment, a written statement
from the claimant’s employer showing
actual time lost from employment,
whether the claimant is a full or part-
time employee, and wages or salary ac-
tually lost.

(6) If a claim is made for loss of in-

come and the claimant is self-em-
ployed, documentary evidence showing
the amount of earnings actually lost.

(7) Any other evidence or information

which may have a bearing on the re-
sponsibility of the United States for
the personal injury or the damages
claimed.

(c)

Property damage. In support of a

claim for injury to or loss of property,
real or personal, the claimant may be
required to submit the following evi-
dence or information:

(1) Proof of ownership of the property

interest which is the subject of the
claim.

(2) A detailed statement of the

amount claimed with respect to each
item of property.

(3) An itemized receipt of payment

for necessary repairs or itemized writ-
ten estimates of the cost of such re-
pairs.

(4) A statement listing date of pur-

chase, purchase price, and salvage
value, where repair is not economical.

(5) Any other evidence or information

which may have a bearing on either the
responsibility of the United States for
the injury to or loss of property or the
damages claimed.

§ 15.9

Investigation and examination.

The FAA may investigate a claim or

conduct a physical examination of a
claimant. The FAA may request any
other Federal agency to investigate a
claim or conduct a physical examina-
tion of a claimant and provide a report
of the investigation or examination to
the FAA.

Subpart B—Indemnification Under

Section 1118 of the Federal
Aviation Act of 1958

OURCE

: Amdt. 15–2, 55 FR 18710, May 3,

1990, unless otherwise noted.

§ 15.101

Applicability.

This subpart prescribes procedural

requirements for the indemnification
of a publisher of aeronautical charts or
maps under section 1118 of the Federal
Aviation Act of 1958, as amended, when
the publisher incurs liability as a re-
sult of publishing—

(a) A chart or map accurately depict-

ing a defective or deficient flight pro-
cedure or airway that was promulgated
by the FAA; or

(b) Aeronautical data that—
(1) Is visually displayed in the cock-

pit of an aircraft; and

(2) When visually displayed, accu-

rately depicts a defective or deficient
flight procedure or airway promulgated
by the FAA.

§ 15.103

Exclusions.

A publisher that requests indem-

nification under this part will not be
indemnified if—

(a) The complaint filed against the

publisher, or demand for payment
against the publisher, first occurred be-
fore December 19, 1985;

(b) The publisher does not negotiate

a good faith settlement;

good faith defense;

(d) The defective or deficient flight

procedure or airway—

(1) Was not promulgated by the FAA;
(2) Was not accurately depicted on

the publisher’s chart or map;

(3) Was not accurately displayed on a

visual display in the cockpit, or

(4) Was obviously defective or defi-

cient;

(e) The publisher does not give notice

as required by § 15.107 of this part and
that failure is prejudicial to the Gov-
ernment; or

(f) The publisher does not appeal a

lower court’s decision pursuant to a re-
quest by the Administrator under
§ 15.111(d)(2) of this part.

§ 15.105

Filing of requests for indem-

nification.

A request for indemnification under

this part—

(a) May be filed by—
(1) A publisher described in § 15.101 of

this part; or

(2) The publisher’s duly authorized

agent or legal representative;