32 CFR §536.93
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
Under this subpart, a claim is not payable that:
- (a)Results in whole or in part from the negligent or wrongful act of the claimant or his or her agent or employee. The doctrine of comparative negligence does not apply.
- (b)Is for medical, hospital, or burial expenses furnished or paid by the United States.
- (c)Is for any element of damage pertaining to personal injuries or death other than as provided in § 536.93(b). All other items of damage, for example, compensation for loss of earnings and services, diminution of earning capacity, anticipated medical expenses, physical disfigurement and pain and suffering are not payable.
- (d)Is for loss of use of property or for the cost of substitute property, for example, a rental.
- (e)Is legally recoverable by the claimant under an indemnifying law or indemnity contract. If the claim is in part legally recoverable, the part recoverable by the claimant is not payable.
- (f)Is a subrogated claim.
- (g)In some circumstances some claims may be partially payable. See DA Pam 27-162, paragraph 5-4 for more information on claims that may be partially payable.