§2737 — Title 10 Armed Forces | U.S. Code

Summary

The head of a military department, or the Secretary of Defense, may pay up to $1,000 to settle claims against the United States that are not covered by any other law. These claims can be for damage or loss of property, or for personal injury or death. The claimant cannot have caused the loss by their own negligence. Injury or death payments are limited to reasonable medical, hospital, and burial costs actually paid and not already covered by the U.S. Claims must be filed in writing within two years. The claimant must accept the payment as full settlement. Payments cannot be made if the claim can be recovered under an indemnity law or contract, and rules should be uniform and approved by the Secretary of Defense for military departments.

Title 10, §2737

Armed Forces — Source: USLM XML via OLRC

(a)Under such regulations as the Secretary concerned may prescribe, he or his designee may settle and pay, in an amount not more than $1,000, a claim against the United States, not cognizable under any other provision of law, for—

(1)damage to, or loss of, property; or

(2)personal injury or death;

(b)Under such regulations as the Secretary of Defense may prescribe, he or his designee has the same authority as the Secretary of a military department with respect to a claim, not cognizable under any other provision of law, for—

(1)damage to, or loss of, property; or

(2)personal injury or death;

(c)A claim may not be allowed under subsection (a) or (b) if the damage to, or loss of, property, or the personal injury or death was caused wholly or partly by a negligent or wrongful act of the claimant, his agent, or his employee.

(d)A claim for personal injury or death under this section may not be allowed for more than the cost of reasonable medical, hospital, and burial expenses actually incurred, and not otherwise furnished or paid by the United States.

(e)No claim may be allowed under this section unless it is presented in writing within two years after it accrues.

(f)A claim may not be paid under subsection (a) or (b) unless the amount tendered is accepted by the claimant in full satisfaction.

(g)No claim or any part thereof, the amount of which is legally recoverable by the claimant under an indemnifying law or indemnity contract, may be paid under this section. No subrogated claim may be paid under this section.

(h)So far as practicable, regulations prescribed under this section shall be uniform. Regulations prescribed under this section by the Secretaries of the military departments must be approved by the Secretary of Defense.

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see section 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

§2737 Property Loss; Personal Injury or Death: Incident to Use of Property of the United States and Not Cognizable Under Other Law

Summary

Title 10, §2737

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Transfer of Functions

Citations & Metadata