Code of Federal Regulations (Last Updated: October 10, 2024) |
Title 32 - National Defense |
Subtitle A - Department of Defense |
Chapter V - Department of the Army |
SubChapter B - Claims and Accounts |
Part 536 - Claims Against the United States |
Subpart B - Investigation and Processing of Claims |
§ 536.54 - Joint tortfeasors.
Latest version.
-
§ 536.54 Joint tortfeasors.
When joint tortfeasors are liable, it is DA policy to pay only the fair share of a claim attributable to the fault of the United States rather than pay the claim in full and then bring suit against the joint tortfeasor for contribution. If payment from a joint tortfeasor is not forthcoming after the CJA's demand, the United States should settle for its fair share, provided the claimant is willing to hold the United States harmless. Where a joint tortfeasor's liability greatly outweighs that of the United States, the claim should be referred to the joint tortfeasor for action.