B-193120, OCT 26, 1978

B-193120: Oct 26, 1978

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GIROUX: THIS IS IN RESPONSE TO YOUR CLAIM FOR $171.08 FOR PROPERTY DAMAGE RESULTING FROM AN ACCIDENT ON JULY 27. BRAUN WAS BACKING OUT OF A PARKING SPACE AND STRUCK THE FRONT LEFT DOOR OF YOUR PARKED VEHICLE ACROSS THE STREET. YOUR VEHICLE WAS DAMAGED AND THE AMOUNT OF REPAIRS IS BEING CLAIMED. OUR EXAMINATION OF THE EVIDENCE ON RECORD IN THIS CASE INDICATES THAT YOU ARE ENTITLED TO THE AMOUNT OF $171.08. A CHECK IN THAT AMOUNT WILL BE ISSUED AND MAILED TO YOU SHORTLY. YOU ARE ADVISED THAT SECTION 2672 OF TITLE 28. ACCEPTANCE OF THE CHECK IN THE AMOUNT OF $171.08 WILL CONSTITUTE A COMPLETE RELEASE TO THE GOVERNMENT AND TO MR.

B-193120, OCT 26, 1978

OFFICE OF GENERAL COUNSEL:

WILLIAM C. GIROUX:

THIS IS IN RESPONSE TO YOUR CLAIM FOR $171.08 FOR PROPERTY DAMAGE RESULTING FROM AN ACCIDENT ON JULY 27, 1978, IN ROSEBUD, SOUTH DAKOTA, INVOLVING MR. EDWARD E. BRAUN, AN EMPLOYEE OF THE UNITED STATES GENERAL ACCOUNTING OFFICE.

THE RECORD BEFORE OUR OFFICE SHOWS THAT MR. BRAUN WAS BACKING OUT OF A PARKING SPACE AND STRUCK THE FRONT LEFT DOOR OF YOUR PARKED VEHICLE ACROSS THE STREET. YOUR VEHICLE WAS DAMAGED AND THE AMOUNT OF REPAIRS IS BEING CLAIMED.

OUR EXAMINATION OF THE EVIDENCE ON RECORD IN THIS CASE INDICATES THAT YOU ARE ENTITLED TO THE AMOUNT OF $171.08, THE LESSER OF THE TWO ESTIMATES SUBMITTED. A CHECK IN THAT AMOUNT WILL BE ISSUED AND MAILED TO YOU SHORTLY.

YOU ARE ADVISED THAT SECTION 2672 OF TITLE 28, U.S.C. WHICH AUTHORIZES THE SETTLEMENT OF CLAIMS OF THE TYPE HERE INVOLVED, PROVIDES:

"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."

THEREFORE, ACCEPTANCE OF THE CHECK IN THE AMOUNT OF $171.08 WILL CONSTITUTE A COMPLETE RELEASE TO THE GOVERNMENT AND TO MR. EDWARD E. BRAUR FROM ANY FURTHER LIABILITY TO YOU FOR DAMAGES ARISING FROM THIS ACCIDENT.

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