B-205597 L/M, DEC 30, 1981, OFFICE OF GENERAL COUNSEL

B-205597 L/M, DEC 30, 1981, OFFICE OF GENERAL COUNSEL

DIGEST: CLAIM FOR DAMAGE TO AUTOMOBILE IN ACCIDENT WITH GAO EMPLOYEE ALLOWED UNDER FEDERAL TORT CLAIMS ACT WHERE GAO EMPLOYEE PULLED OUT FROM STOP SIGN INTO INTERSECTION AND HIT CLAIMANT'S VEHICLE. ALLOWANCE OF CLAIM IS WARRANTED BECAUSE (1) GAO EMPLOYEE WAS TICKETED FOR FAILURE TO USE CARE AT INTERSECTION, (2) CLAIMANT HAS THIRD PARTY WITNESS TO SUPPORT ITS VERSION OF FACTS, AND (3) GSA HAS ALSO DETERMINED THAT GAO DRIVER WAS AT FAULT AND HAS BILLED GAO FOR DAMAGE TO GOVERNMENT VEHICLE. CLAIM FOR PROPERTY DAMAGE IS ALLOWED FOR THE COST OF THE REPAIRS.

UTICA MUTUAL INSURANCE COMPANY: ATTENTION: MR. HAROLD J. LOVERING, CLAIMS MANAGER SUBJECT: YOUR INSURED JAMES J. MCPADDEN, CLAIM NO. 40-63-05-65

THIS IS IN RESPONSE TO YOUR SUBROGATION CLAIM FOR PROPERTY DAMAGE RESULTING FROM AN ACCIDENT ON JUNE 10, 1981, IN CONCORD, MASSACHUSETTS, INVOLVING A VEHICLE OWNED BY YOUR INSURED, MR. JAMES J. MCPADDEN, AND A GOVERNMENT-OWNED VEHICLE DRIVEN BY MR. RALPH J. D'AGOSTINO, AN EMPLOYEE OF THE GENERAL ACCOUNTING OFFICE. AT THE TIME OF THE ACCIDENT, MR. MCPADDEN'S VEHICLE WAS INSURED WITH YOU UNDER A $200 DEDUCTIBLE POLICY. THE TOTAL COST OF REPAIRS TO MR. MCPADDEN'S VEHICLE WAS $1,359.88.

AS MR. MCPADDEN'S SUBROGEE, YOU ARE CLAIMING $1,159.88, THE AMOUNT YOU PAID TO HIM FOR DAMAGES TO HIS AUTOMOBILE, PLUS THE $200 DEDUCTIBLE FOR WHICH YOU REIMBURSED MR. MCPADDEN.

BASED ON OUR EXAMINATION OF THE EVIDENCE, WE ARE ALLOWING THE CLAIM IN THE FULL AMOUNT, $1,359.88. A CHECK IN THIS AMOUNT WILL BE ISSUED AND SENT TO YOU SHORTLY. IN ORDER TO FULLY PROTECT THE GOVERNMENT'S INTERESTS, WE ARE HAVING THE CHECK DRAWN PAYABLE TO YOUR COMPANY AND MR. MCPADDEN JOINTLY.

PLEASE BE ADVISED THAT SECTION 2672 OF TITLE 28, U.S.C. WHICH AUTHORIZES THE SETTLEMENT OF CLAIMS OF THIS TYPE, PROVIDES THAT:

"THE ACCEPTANCE BY THE CLAIMANT OF ANY SUCH AWARD, COMPROMISE, OR SETTLEMENT SHALL BE FINAL AND CONCLUSIVE ON THE CLAIMANT, AND SHALL CONSTITUTE A COMPLETE RELEASE OF ANY CLAIM AGAINST THE UNITED STATES AND AGAINST THE EMPLOYEE OF THE GOVERNMENT WHOSE ACT OR OMISSION GAVE RISE TO THE CLAIM, BY REASON OF THE SAME SUBJECT MATTER."

THIS MEANS THAT ACCEPTANCE OF THE CHECK IN THE AMOUNT OF $1,359.88 WILL CONSTITUTE A COMPLETE RELEASE TO THE GOVERNMENT AND TO MR. RALPH J. D'AGOSTINO FROM ANY FURTHER LIABILITY TO YOU FOR DAMAGES ARISING FROM THE ACCIDENT IN QUESTION.

A SUBROGATION CLAIM HAS BEEN RECEIVED FROM UTICA MUTUAL INSURANCE COMPANY, NEW ENGLAND REGIONAL OFFICE, 10 NEW ENGLAND EXECUTIVE PARK, BURLINGTON, MASSACHUSETTS, 01803, FOR DAMAGES TO AN INSURED VEHICLE RESULTING FROM AN ACCIDENT ON JUNE 10, 1981, INVOLVING MR. RALPH J. D'AGOSTINO, AN EMPLOYEE OF THE GENERAL ACCOUNTING OFFICE.

A REVIEW OF THE EVIDENCE INDICATES THAT UTICA IS ENTITLED TO $1,359.88 AND WE HAVE ALLOWED THE CLAIM IN THAT AMOUNT. A CHECK IN THE AMOUNT OF $1,359.88 SHOULD BE DRAWN PAYABLE JOINTLY TO "UTICA MUTUAL INSURANCE COMPANY AND JAMES J. MCPADDEN" (MCPADDEN IS THE OWNER OF THE VEHICLE) AND SENT TO UTICA AT THE ADDRESS GIVEN ABOVE, TO THE ATTENTION OF MR. HAROLD J. LOVERING, CLAIMS MANAGER.

COPIES OF OUR LETTER OF TODAY TO UTICA, AND AN INTERNAL MEMORANDUM SETTING FORTH THE BASIS FOR PAYMENT ARE ATTACHED FOR YOUR INFORMATION AND FILE.