---
kind: "section"
citation: "39 C.F.R. § 912.5"
title: "39"
number: "912.5"
heading: "Administrative claim; when presented."
url: "https://uscodex.org/cfr/39/912.5"
---

# §912.5. Administrative claim; when presented.

- (a) For purposes of this part, a claim shall be deemed to have been presented when the U.S. Postal Service receives from a claimant, his duly authorized agent or legal representative, an executed Standard Form 95, Claim for Damage or Injury, or other written notification of an incident, accompanied by a claim for money damages in a sum certain for injury to or loss of property, personal injury, or death alleged to have occurred by reason of the incident. A standard Form 95 may be obtained from the local District Tort Claims Coordinator, the National Tort Center, or online at usa.gov (select Government forms).
- (b) A claim presented in compliance with [paragraph (a)](#a) of this section may be amended by the claimant at any time prior to:
  - (1) The claimant's exercise of the option to file a civil action pursuant to [28 U.S.C. 2675(a)](/usc/28/2675.md?p=a);
  - (2) The Postal Service's issuance of a payment in the full amount of the claim; or
  - (3) The Postal Service's issuance of a written denial of the claim in accordance with [§ 912.9](/cfr/39/912.9.md).
- (c) Amendments shall be submitted in writing and signed by the claimant or his duly authorized agent or legal representative. Upon the timely filing of an amendment to a pending claim, the Postal Service shall have six months in which to make final disposition of the claim as amended, and the claimant's option under [28 U.S.C. 2675(a)](/usc/28/2675.md?p=a) shall not accrue until six months after the filing of an amendment.

## Notes

### Amendments

[36 FR 12448, June 30, 1971, as amended at 45 FR 43720, June 30, 1980; 69 FR 52607, Aug. 27, 2004; 73 FR 75339, Dec. 11, 2008]

### Authority

Authority: 28 U.S.C. 2671-2680; 28 CFR 14.1 through 14.11; 39 U.S.C. 409.

### Amendments

[36 FR 12448, June 30, 1971, as amended at 45 FR 43720, June 30, 1980; 69 FR 52607, Aug. 27, 2004; 73 FR 75339, Dec. 11, 2008]