---
kind: "section"
citation: "32 C.F.R. § 842.106"
title: "32"
number: "842.106"
heading: "Assertable claims."
url: "https://uscodex.org/cfr/32/842.106"
---

# §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](/cfr/32/subpartL.md) arising out of the same incident.


## Notes

### Amendments

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

### Source

Source: 55 FR 2809, Jan. 29, 1990. Redesignated at 81 FR 83698, Nov. 22, 2016, unless otherwise noted.

### Authority

Authority: Sec. 8013, 100 Stat. 1053, as amended; 10 U.S.C. 8013, except as otherwise noted.

### Source

Source: 55 FR 2809, Jan. 29, 1990, unless otherwise noted.

### Amendments

[81 FR 83688, Nov. 22, 2016]

### Amendments

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