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A survey of damaged property is required in all collisions and any other maritime incidents involving potential liability for property damage. Surveys have been customary in admiralty law and are intended to eliminate burdensome and difficult questions concerning proof of damages. Section 1210 of the JAG Manual has an extensive discussion of survey procedures. In personal injury cases, medical examinations are required for all injured persons. The function of the medical examination is similar to that of the property damage survey. The Secretary of the Navy is authorized to settle admiralty claims up to $1,000,000, Amounts in excess of that must be certified to Congress for appropriation. Certain other officials in the Department of the Navy are authorizcd to settle admiralty claims for smaller amounts. STATUE OF LIMITATIONS Suits in admiralty must be filed within 2 years after the incident on which the suit is based. Unlike the statute of limitations rule under the FTCA, filing an admiralty claim with the Department of the Navy does not toll the running of this 2-year period. Nor can the government administratively waive the statute of limitations in admiralty cases. If the admiralty claim cannot be administratively settled within 2 years after the incident, the claimant must file suit against the government to prevent the statute of limitations from running. PROCEDURES The procedures for investigating and adjudicating admiralty claims are explained in sections 1204-1216 of the JAG Manual. For purposes of this brief introduction to admiralty claims, the following procedural aspects are most significant. The most critical command responsibility in admiralty cases is to immediately notify JAG and an appropriate local judge advocate of any maritime incident that might result in an admiralty claim for, or against, the government. Section 1204 of the JAG Manual gives details concerning the requirement for immediate reports. Because of the highly technical, factual, and legal issues that may be involved in an admiralty casa, it is absolutely vital that the Admiralty Division of OJAG be involved in the case from the earliest possible moment. After initially notifying JAG, the command must promptly begin an investigation of the incident. A JAGMAN investigation usually is required although, in some circumstances, a letter report is appropriate. Section 1205 of the JAG Manual provides guidance for determining whether a JAGMAN investigation is necessary, and, if one is necessary, the type of investigation that is most appropriate. Chapter II of the JAG Manual provides specific investigatory requirements for certain maritime incidents. Also, sections 1207 and 1210 of the JAG Manual prescribe requirements and procedures concerning witnesses and documents in admiralty investigations. Section 2737 of Title 10, U. S. C., and enclosure (4) of JAGINST 5890.1 provide for payment of certain types of claims not cognizable under any other provisions of law. Such claims are known as "nonscope claims" and arise out of either the use of a government vehicle anywhere or the use of government property aboard a federal installation. The personal injury, death, or property damage must be caused by a federal military employee, but there is no requirement that the acts be negligent or in the scope of federal employment (hence the term nonscope claim). SCOPE OF LIABILITY As a precondition to payment under the nonscope claims provisions, the claim must not be cognizable under some other claims statute. The resulting personal injury, death, or property damage must be caused by a federal military employee (either a military member or a civilian employee of the armed forces or Coast Guard). Acts by employees of nonappropriated fund activities are not covered by the nonscope claims statute. Neither the nonscope claims statute nor the Navy's regulations require that the federal military employee's conduct causing the loss be negligent or otherwise wrongful. The scope of employment concept, which is required under the FTCA and for some MCA claims, does not apply to nonscope claims. Nonscope claims are limited to injury, death, or property damage arising out of either of the following circumstances: l Incident to the use of a government vehicle anywhere. . Incident to use of government property aboard a government installation. (Government installation means any facility having fixed boundaries and owned or controlled by the federal government. It includes both military bases and nonmilitary installations.) There are no territorial limitations on nonscope claims. EXCLUSIONS ON LIABILITY If the loss was caused, in whole or in part, by the claimant's negligence or wrongful acts, or by negligence or wrongful acts by the claimant's agent or employee, the claimant is barred from any recovery under the nonscope claims statute. Subrogee and insurers may not recover subrogated nonscope claims. For personal injury or death, the claimant may recover no more than actual medical, hospital, or burial expenses not paid or furnished by the federal government. The claimant may not recover any amount that he or she can recover under an indemnifying law or indemnity contract. The maximum payable as a nonscope claim is $1,000. STATUTE OF LIMITATIONS A nonscope claim must be presented within 2 years after the claim accrues or it will be forever barred. PROCEDURES Notable procedural aspects of nonscope claims include the following: . Automatic consideration of other claims. Claims submitted pursuant to the FTCA or MCA, but which are not payable under those acts because of scope of employment requirements, automatically will be considered for payment as a nonscope claim. . Adjudicating authority. All adjudicating authorities listed in JAGINST 5890.1 are authorized to adjudicate nonscope claims. . Claimant's rights after denial. If a claim submitted solely as a nonscope claim is denied, the claimant may appeal to the Secretary of the Navy (Judge Advocate General) within 30 days of the notice of denial. There is no right to sue under the nonscope claims statute. EXAMPLE Facts. SW1 Bad Boy resolved to kill his archenemy SWC Nice Guy, but he planned to make it look like an accident. He stole a government sedan, drove it off base, and rode around town looking for SWC Guy. When he spotted SWC Guy standing on a corner, SW1 Boy aimed the car at SWC Guy and bore down on him at a high speed. SWC Guy tried to jump out of the way, but not quickly enough to avoid being struck a glancing blow. As a result, SWC Guy suffered extensive injuries. Also, the clothes he was wearing and the radio he was carrying were destroyed. SWC Guy has filed an FTCA claim for $15,000 ($600 for property damage and $14,400 for personal injury, pain and suffering, and lost wages from his part-time job). How much, if anything, will SWC Guy collect? Solution. his claim is not payable under the FTCA for several reasons, not counting any possible Feres doctrine problem caused by the claimant being a military member. First, FTCA does not provide compensation for losses caused by intentional torts such as assaults and battery. Moreover, SW1 Boy's act was not within the scope of his federal employment. Under the FTCA, the government is liable only for acts within the scope of federal employment. The fact that SW 1 Boy's acts were outside the scope of his federal employment also prevent paying his claim under the MCA. However, under the automatic consideration provisions, this claim may be considered as a nonscope claim. It is not cognizable under another claims statute and the injuries and damage were caused by a federal employee. Neither negligence nor scope of employment is required. The claim involves the use of a government vehicle. Therefore, SWC Guy can recover under the nonscope claims statute. He will not be compensated for medical expenses that were provided by the U.S. Government. Pain and suffering and lost wages are likewise not compensable under the nonscope claims statute. Therefore, SWC Guy will recover only the $600 property damage loss. |
 
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