Want to file a claim against the government? Published April 6, 2006 By Capt. Preston Young and Master Sgt. Rita Samartino 60th AMW Judge Advocate TRAVIS AIR FORCE BASE, Calif. -- Many people contact the claims office to inquire whether or not a claim may be filed for various incidents that have caused injury or damage to their personal property. Although not all submitted claims are payable, it is the Air Force policy to never refuse any claim. Therefore, people can always file a claim against the Air Force; however, an analysis must be done to determine if the government will pay the claim. Filing a claim often requires a lot of work on the part of the claimant, including but not limited to gathering relevant data in preparation of the filing and assisting the claims office in properly analyzing the claim. Below is some information about the Air Force claims program so Travis members may make an informed decision in considering if the effort in filing the claim is worth their time. Two of the most popular types of claims submitted to the claims office are tort claims and personal property claims. The former generally requires a showing of negligence on the part of government members acting within the scope of their employment while the latter requires that the loss or damage is “incident to service.” One of the main differences between the two types of claims is one requires people to file with their insurance company and the other does not. Those who are filing a claim incident to their service and have private insurance that covers the loss, they are required to file with their insurance company first [with the exception of household goods claims]. However, people aren’t required to file with their insurance company if they’re filing a tort claim. A second important difference has to do with the processing times for each type of claim. The office has six months to investigate and settle a tort claim, whereas, personal property claims are normally processed within 10 days. Answering the following questions will help Travis members decide if they have enough to substantiate a claim. Tort Claims: 1. Was the injury/damage caused by a government employee acting within the scope of their duties? 2. How did the injury or property damage occur? 3. Can I prove the damages were caused by the negligent act of a government employee/institution? 4. What evidence do I have to substantiate the loss/damage and do I have or can I get copies for the government’s review? [i.e. witness, photographs, etc.] 5. Did I contribute in any way to the incident? [i.e. observing all the laws, was property secured properly, etc.] Personal Property Claim: 1. Was the loss incident to service? 2. What evidence do I have to substantiate the loss/damage and do I have or can I get copies for the government’s review? 3. Did I contribute in any way to the incident? [i.e. properly secured property in a theft claim] 4. Have I filed a claim with my private insurance company? Below is a partial list of claims which are frequently not paid by the government: - Loss or damage not incident to service - Claims involving negligence on the part of the claimant - Government property claims - Hit and run claims The claims office will not prejudge any claim. All claims will be reviewed on their own merit and a final determination will be made based on the evidence presented at the time of the claim and results of the government’s own investigation. Also, just because the loss or damage occurs on base does not automatically mean the claim is payable. Claims are received by appointment only. For more information or to schedule an appointment, contact the claims office at 424-3204 or 424-0641.