|
(Ed) Historically the USAF denies 90% of claims dollars submitted. These numbers are from many years ago but undoubtedly reflect current practice.
The USAF refuses to release current information (wonder why?).
We know of two ways to recover damages from military operations (we are not lawyers (thank God) and you should consult one rather than use our opinion - bah, bah, bah).
1. The Federal Tort Claims Act or "FTCA", is a statute enacted by the United States Congress in 1948. Federal Tort Claims Act and administrative claims. Mandatory administrative claim legislation authorizes the head of each federal agency to "consider, ascertain, adjust, determine, compromise and settle any claims for money damages against the United States" within the purview of the FTCA. The legislation mandates that an FTCA suit cannot be instituted unless the claimant has first presented the claim to the appropriate federal agency and the agency has denied the claim in writing.
2. Suing the USAF in Federal Claims Court. The Takings Clause, the last clause of the Fifth Amendment, limits the power of eminent domain by requiring that "just compensation" be paid if private property is taken for public use.
Most claims are not worth the expense of Federal Court. But wait, read the FTCA “rights” for claims (here we are concerned with the United State Air Force). Claims are administered by the office of the Judge Advocate General. JAG investigates, and decides everything, claim legitimacy, amount to be paid (or not). This system is akin to the fox guarding the chickens.
When asked about claims paid vs claims denied the USAF JAG refused to divulge information (2010). In past times they have not been so careful and information was provided by the USAF. Statistics are available from the early sonic boom years (1950 to 1970). See below for facts and links. The USAF pays about 10% of claims amounts.
We are using the Freedom of Information Act to try and get current information.
(Ed) The refusal to provide information, the past numbers and the lack of any information speak volumes about the fairness of the USAF “Claims” system.
Despite the low pay out the USAF continues to assert that their Claims Process is a mitigation for USAF damages
(Ed) Don’t hold your breath for compensation if you file a claim.
|
