B-18464, JULY 23, 1941, 21 COMP. GEN. 59

B-18464, JULY 23, 1941, 21 COMP. GEN. 59

RELEASES - GOVERNMENT CLAIMS FOR DAMAGES IT IS NOT ONE OF THE FUNCTIONS OF THE COMPTROLLER GENERAL OF THE UNITED STATES TO EXECUTE RELEASES OF CLAIMS AND DEMANDS BY THE GOVERNMENT FOR DAMAGES ARISING OUT OF ACCIDENTS INVOLVING GOVERNMENT OWNED VEHICLES. WHERE THERE IS REMITTED TO THE ADMINISTRATIVE OFFICE CONCERNED THE FULL AMOUNT OF THE GOVERNMENT'S DAMAGES RESULTING FROM AN ACCIDENT INVOLVING A GOVERNMENT VEHICLE, AND THE EXECUTION OF A RELEASE OF ALL CLAIMS AND DEMANDS BY THE GOVERNMENT IS NECESSARY IN ORDER TO COLLECT THE DAMAGES WITHOUT SUIT, THIS OFFICE WILL NOT OBJECT IF AN OFFICER OF THE AGENCY CONCERNED SHOULD EXECUTE SUCH A RELEASE, BUT, IF FOR ANY REASON NO ADMINISTRATIVE OFFICER IS WILLING TO EXECUTE SUCH A DOCUMENT AND THE MATTER MAY NOT BE ADJUSTED OTHERWISE, THE GOVERNMENT'S CLAIM SHOULD BE SUBMITTED HERE FOR REPORT TO THE ATTORNEY GENERAL FOR COLLECTION BY SUIT IF NECESSARY.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF THE INTERIOR, JULY 23, 1941:

I HAVE YOUR LETTER OF JULY 1, 1941, WITH ITS ENCLOSURES, RELATIVE TO A COLLISION BETWEEN A 1939 CHEVROLET SEDAN DELIVERY CAR (TAGS USGS 3550) OF THE GEOLOGICAL SURVEY, AND A 1936 CHEVROLET TRUCK OWNED BY THE ROSEMENT DAIRY, R.F.D., COLUMBUS, GA., WHICH IS REPORTED TO HAVE OCCURRED ON MARCH 24, 1941, AT THE INTERSECTION OF TWELFTH AVENUE AND TOLBOTTOM ROAD, COLUMBUS, GA., AND WHEREIN THE GOVERNMENT-OWNED CAR WAS DAMAGED.

IT IS REPORTED THAT THE DAMAGE TO THE GOVERNMENT-OWNED CAR HAS BEEN REPAIRED AT A COST OF $79.90 AND THAT THE LUMBERMAN'S MUTUAL CASUALTY CO., WHICH CARRIED THE INSURANCE ON THE PRIVATELY-OWNED TRUCK, IS WILLING TO SETTLE THE MATTER BY PAYING THAT AMOUNT, BUT THAT, BEFORE DOING SO, IT DESIRES A FORMAL RELEASE OF ALL CLAIMS AND DEMANDS FOR DAMAGES ARISING OUT OF THE ACCIDENT. YOUR LETTER ENCLOSES A RELEASE IN A FORM SUBMITTED BY THE INSURANCE COMPANY AND YOU REQUEST THAT IT BE EXECUTED BY ME AND RETURNED TO YOU FOR DELIVERY TO THE INSURANCE COMPANY UPON PAYMENT OF THE AMOUNT ABOVE MENTIONED, CITING IN SUPPORT OF YOUR REQUEST A LETTER OF AUGUST 16, 1937, OF THE ACTING COMPTROLLER GENERAL OF THE UNITED STATES, TRANSMITTING TO YOU A RELEASE EXECUTED BY HIM IN A CASE INVOLVING A CLAIM FOR $150 DAMAGES TO A GOVERNMENT-OWNED CAR.

IT IS MY UNDERSTANDING THAT IT HAS NOT BEEN THE REGULAR PRACTICE FOR THIS OFFICE TO EXECUTE RELEASES IN CASES SUCH AS INVOLVED IN THE PRESENT MATTER --- ALTHOUGH IT HAS BEEN DONE IN A FEW CASES SUCH AS THE ONE TO WHICH YOU REFER--- AND MY VIEW IS THAT IT IS NOT ONE OF THE FUNCTIONS OF THE COMPTROLLER GENERAL OF THE UNITED STATES TO EXECUTE SUCH RELEASES. IF IT BE NECESSARY IN A CASE SUCH AS THIS THAT A RELEASE BE EXECUTED IN ORDER THAT THE AMOUNT OF THE DAMAGES MAY BE COLLECTED WITHOUT SUIT IT SHOULD BE EXECUTED BY AN OFFICER OF THE DEPARTMENT OR ESTABLISHMENT WHICH EFFECTS THE COLLECTION. IN SUCH A CASE, WHERE THE REMITTANCE IS IN THE FULL AMOUNT OF THE DAMAGES AS FOUND BY THE ADMINISTRATIVE OFFICE, AS APPEARS TO BE THE CASE HERE, THERE WOULD APPEAR TO BE NO LEGAL BASIS FOR THIS OFFICE TO RAISE ANY OBJECTION IF THE ADMINISTRATIVE OFFICER RECEIVING THE REMITTANCE, OR ANY OTHER OFFICER OF THE ESTABLISHMENT CONCERNED, SHOULD EXECUTE A PROPER DOCUMENT RELEASING FURTHER LIABILITY IN THE MATTER. FOR ANY REASON, HOWEVER, NO ADMINISTRATIVE OFFICER IS WILLING TO SIGN SUCH RELEASE AND THE MATTER MAY NOT BE ADJUSTED WITHOUT THE EXECUTION OF SUCH DOCUMENT, THE GOVERNMENT'S CLAIM IN THE MATTER SHOULD BE SUBMITTED HERE FOR REPORT TO THE ATTORNEY GENERAL FOR COLLECTION BY SUIT IF NECESSARY.