b. I'm not quite sure.
To clear up any doubts that you may have concerning the rights of the United
States to recover the reasonable value of medical care furnished (to be furnished), see "c"
on following page.
"Absolutely" is the correct response. Through the Federal Medical Care
Recovery Act of 25 September 1962, the United States Government has been given the
right to recover the reasonable value of medical care furnished (or to be furnished) by the
Government to a person for an injury or disease under circumstances creating a tort liability
upon some third person. This right to recovery accrues simultaneously with the accrual of
the injured party's right to recover damages from the prospective defendant. The claim of
the United States Government is independent of any claim which the injured person may
have against the prospective defendant. Recovery is allowed only if the injury or disease
resulted from circumstances creating a tort liability under the law of the place where the
injury occurred. This act does not apply to injuries received as a result of hostile action or
to care provided in facilities of another uniformed service, department, or agency of the
d. Yes, if the care is furnished by a U.S. Army hospital.
No, this is not necessarily true. There is a possibility of care being furnished by
civilian facilities. The United States Government has certain rights based on the Federal
Medical Care Recovery Act.
The vehicle of a young girl, stopped at an intersection for a red light, is struck from
the rear by a bakery truck. The driver of the truck is unharmed, but the young girl is injured.
She is the family member of a deceased active duty member of the U.S.A.F. and is taken
to the nearest military treatment facility (Brooke Army Medical Center) for medical
QUESTION : Is there a possibility of a Government claim against the driver of the
bakery truck based on third party liability?