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B-202044 1 (1981-08-06)

handle is hein.gao/gaobadjpv0001 and id is 1 raw text is: DECISION FILE: B-202044 MATTER OF: DIGEST: ~ ~.THE COMPTROLLER GENERAL 1' OF THE UNITED STATES WASHI4NGTON. 0. C. 20549 DATE: August 6, 1981 New York Transit Strike -[Claims for Motor Vehicle Damages 1. Government employees who were involved in accidents while commuting to and from work during the New York transit strike did not damage their vehicles incident to service and cannot make a claim cog- nizable under the Military Personnel and Civilian Employees' Act of 1964. Commuting is a personal expense which in the absence of extremely unusual circumstances may not be borne from appropriated funds. 2. Section 5704 of title 5, which reimburses a Government employee who uses his own vehicle for official Government business on a mileage basis, includes in that basis the cost of insurance, if any. See 5 U.S.C. § 5707. Therefore, reimbursement under 5 U.S.C. § 5704 for damage to a vehicle of an employee officially authorized to use it is precluded. However, a claim for damage can be made under the Military Personnel and Civilian Employees' Claims Act of 1964, even if the employee is reimbursed on a mileage basis. The Director of the Division of Accounting, Fiscal and Budgeting Services of Region II of the Department of Health and Human Services (HHS) has requested our decision as to the payment of claims for auto- mobile damages incurred by Government employees during the New York City Transit Strike in April 1980. There are three claims involved. Mr. Constantino Conte is a lender examiner for the Office of Education (now Department of Education) who is authorized to regularly use his automobile on official Government business. Returning from a bank where he had been conducting a program review, he found that the front windshield of his automobile had been damaged. All but the $50 deductible of the replacement cost has been paid for by his insur- ance c6ompany. He now requests reimbursement of the $50. Mr. Michael Hurley is an employee of the Northeastern Program Service Center. During the transit strike, he was authorized to join a carpool and to use his own automobile. While driving home from work he was involved in an accident. All but $200 of the cost of repair has been paid by Mr. Hurley's insurance company. He now seeks the $200 deductible as well as $450 in anticipated additional insurance premiums over the next 3 years.

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