[Code of Federal Regulations]
[Title 14, Volume 5]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR1261.108]

[Page 336]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
                          SPACE ADMINISTRATION
 
PART 1261_PROCESSING OF MONETARY CLAIMS (GENERAL)--Table of Contents
 
           Subpart 1261.1_Employees' Personal Property Claims
 
Sec. 1261.108  Recovery from carriers, insurers, and other third parties.

    (a) General. NASA is not an insurer and does not underwrite all 
personal property losses that an employee may sustain. Employees are 
encouraged to carry private insurance to the maximum extent practicable 
to avoid large losses or losses which may not be recoverable from NASA. 
The procedures set forth in this section are designed to enable the 
claimant to obtain the maximum amount of compensation for personal 
property loss or damage. Failure of the claimant to comply with these 
procedures may reduce or preclude payment of the claim.
    (b) Demand on carrier, contractor, warehouse owner/operator, or 
insurer. When it appears that property has been damaged or lost under 
circumstances in which a carrier, warehouse owner/operator, contractor 
or insurer may be responsible, the claimant shall make a written demand 
on such party, either before or after submitting a claim against NASA. 
The Administrator or designee, if requested, will assist in making 
demand on the third party. No such demand need be made if, in the 
opinion of the Administrator or designee, it would be impracticable or 
any recovery would be insignificant, or if circumstances preclude the 
claimant from making timely demand.
    (c) Action subsequent to demand. A copy of the demand and of any 
related correspondence shall be submitted to the Administrator or 
designee. If the carrier, insurer, or other third party offers a 
settlement which is less than the amount of the demand, the claimant 
shall consult with the Administrator or designee before accepting the 
amount offered. The claimant shall also notify the Administrator or 
designee promptly of any other action by a third party, including 
settlement, partial settlement, or denial of liability.
    (d) Application of recovery. When the amount recovered from a 
carrier, insurer, or other third party is greater than or equal to the 
claimant's total loss as determined under this subpart, no compensation 
is allowable under this subpart. When the amount recovered is less than 
such total loss, the allowable amount is determined by deducting the 
recovery from the amount of total loss subject to the maximum set forth 
in Sec. 1261.102.
    (e) Transfer of rights. The claimant shall assign to the United 
States, to the extent of any payment accepted on a claim, all rights, 
title, and interest in any claim he/she may have against any carrier, 
insurer, or other party arising out of the accident or incident on which 
the claim against the United States is based. The claimant shall also, 
upon request, furnish such evidence and other cooperation as may be 
required to enable the United States to enforce the claim. After payment 
on the claim by the United States, the claimant shall, upon receipt of 
any payment from a carrier, insurer, or other party, notify the 
Administrator or designee and pay the proceeds to the United States to 
the extent required under the provisions of paragraph (d).