This subpart prescribes the requirements for the administrative settlement of claims against the United States under 10 U.S.C. 2737 incident to use of property of the United States and not cognizable under other law.
A claim for death, personal injury, or damage to or loss of real or personal property under this subpart is payable when caused by a military member or a civilian employee of the Coast Guard:
(a) Incident to the use of a vehicle of the United States at any place; or
(b) Incident to the use of any other property of the United States on a government installation.
A claim is not payable under this subpart if it:
(a) Is legally recoverable by the claimant under a compensation statute or an insurance policy;
(b) Results wholly or partly from the negligent or wrongful act of the claimant, claimant's agent or employee;
(c) Is a subrogated claim;
(d) Is cognizable under any other provision of law or regulation administered by the Coast Guard; or
(e) Is for any element of damage pertaining to death or personal injury, other than the cost of reasonable medical, hospital, and burial expenses actually incurred and not otherwise furnished or paid by the United States.
A claim may be settled only if presented in writing within two years after it accrues.
If a claim is determined to be meritorious in any amount, the claimant must sign a written acceptance and release or a claim settlement agreement before payment. Although larger claims may be considered, no claim may be approved or paid in an amount that exceeds $1,000.00.