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B-186474 1 (1976-06-15)

handle is hein.gao/gaobaddkh0001 and id is 1 raw text is: ' THE COMPTROLLER GENERAL .O . OF THE UNITED STATES S :WASHINGTON, 0. C 2054B FILE: B1DATE: JUN 15 176 MATTER OF: Reimbursement of Government Driver for Voluntary Payment of Accident Claim DIGEST: Although Federal Tort Claims Act does not specifically authorize reimbursement of Government employees for amounts paid from personal funds in satisfaction of tort claims cognizable by Government under Act, excep- tion can be made under unusual circumstances. WIhen it has been determined that award would have been made in amount stated if claim had been presented, and when a full release of all claims against United States has been obtained from injured party, reimbursement may be authorized. Pursuant to 31 U.S.C. § 82d, we have been requested by an authorized certifying officer of the Department of the Interior, Mining Enforcement and Safety Administration, to render an advance decision as to the pro- priety of payment of a claim in the amount of $132.53 submitted by Mr. Steve F. Yurkovich, Coal Nine Inspector, Mining Enforcement and Safety Administration, U.S. Department of the Interior. According to the certifying officer, Mr. Yurkovich was in an acci# dent while operating a Government vehicle in the scope of his employment. In the accident, a vehicle operated by Ms. Della Tedrow was damaged. The Regional Solicitor, Philadelphia, Department of the Interior, opined that the Governm:ent employee was negligent, and that if a tort claim had been presented by Ms. Tedrow, an award in the said amount would have been made by the Department. In fact, however, Mr. Turkovich paid Ms. Tedrow for the damage from his personal funds, in the amount of $132.53. He has obtained a release of all claims against the United States arising from the accident from Ms. Tedrow and now seeks reimbursement for the amount paid by him. The Federal Tort Claims Act, as amended, 28 U.S.C. 9 2671-80 (1970) provides for administrative settlement of tort claims arising in the United States from the negligent or wron,;ful act or omission of a Government employee while acting within the scope of his office or employment. 26 U.S.C. 1 26[2. The injured party =ay file a claim under the provisions of the Act, or may proceed against the employee. However, should the injured party elect to proceed against the United States under the act ior daa;ge to property resulting from the opera- tion by any empluyee of` the Gvernment of any motor vehicle, while . A

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