---
kind: "section"
citation: "32 C.F.R. § 842.82"
title: "32"
number: "842.82"
heading: "Assertable claims."
url: "https://uscodex.org/cfr/32/842.82"
---

# §842.82. Assertable claims.


A claim may be asserted in writing for loss of or damage to government property, against a tort-feasor when:

- (a) **Damage results from negligence and the claim is for—**
  - (1) **More than $100.**
  - (2) **Less than $100 but collection is practicable and economical.**
- (b) The claim is based on a contract and the contracting officer does not intend to assert a claim under the contract. The contracting officer's intention not to assert a claim should be recorded in a memorandum for the record and placed in the claim file.
- (c) **The claim is for property damage arising from the same incident as a hospital recovery claim.**
- (d) **The Tort-feasor or his insurer presents a claim against the government arising from the same incident.** (Both claims should be processed together.)
- (e) **The claim is assertable as a counterclaim under an international agreement.** (The claim should be processed under [subpart G](/cfr/32/subpartG.md) of this part).
- (f) **The claim is based on product liability.** AFLOA/JACC approval must be obtained before asserting the claim.

## Notes

### Amendments

[55 FR 2809, Jan. 29, 1990. Redesignated and amended at 81 FR 83696, Nov. 22, 2016]

### Source

Source: 55 FR 2809, Jan. 29, 1990. Redesignated at 81 FR 83696, 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 and amended at 81 FR 83696, Nov. 22, 2016]