32 CFR § 842.106 - Assertable claims.

---
identifier: "/us/cfr/t32/s842.106"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "32 CFR § 842.106 - Assertable claims."
title_number: 32
title_name: "National Defense"
section_number: "842.106"
section_name: "Assertable claims."
chapter_name: "DEPARTMENT OF THE AIR FORCE"
subchapter_number: "D"
subchapter_name: "CLAIMS AND LITIGATION"
part_number: "842"
part_name: "ADMINISTRATIVE CLAIMS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Sec. 8013, 100 Stat. 1053, as amended; 10 U.S.C. 8013, except as otherwise noted."
regulatory_source: "55 FR 2809, Jan. 29, 1990, unless otherwise noted."
cfr_part: "842"
---


# 842.106 Assertable claims.

A claim should be asserted when the Air Force has furnished or will furnish medical care in military health care facilities or when the Air Force is responsible for reimbursement to a private care provider and either of the following conditions are met:

(a) Third party liability in tort exists for causing an injury or disease.

(b) Local or foreign law permits the United States to recover or the United States is a third party beneficiary under uninsured motorist coverage, medical pay insurance coverage, worker's compensation, no-fault statutes, or other statutes.

A claim should only be asserted if the base SJA determines it merits assertion. Claims for $150 or less need not be asserted; they should be asserted only if the base SJA or designee determines the collection will not exceed the cost to collect, the third party offers payment and demands a release from the United States before paying damages to the injured party, or the United States asserts a property damage claim under subpart L arising out of the same incident.

[55 FR 2809, Jan. 29, 1990. Redesignated at 81 FR 83698, Nov. 22, 2016]