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denied. Such contributory negligence is a complete bar
to recovery.
. Collision damage to motor vehicle. Damage to
motor vehicles is not payable as a personnel claim when
it was caused by collision with another motor vehicle.
“Motor vehicle” includes automobiles, motorcycles,
trucks, recreational vehicles, and any other
self-propelled military, industrial, construction, or
agricultural equipment. Collision claims may be paid
under other claims statutes—most frequently the FTCA
or MCA—depending on the circumstances.
JAGINST 5890.1 limits or prohibits recovery for
certain types of property damage. The most common
examples are as follows:
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Currency or jewelry shipped or stored in baggage
Losses in unassigned quarters in the United
States
Enemy property or war trophies
Unserviceable or worn-out property
Articles acquired for persons other than the
claimant and members of his or her immediate
household
Inconvenience or loss of use expenses
Items of speculative value
Business property
Sales tax
Appraisal fees
Quantities of property not reasonable or useful
under the circumstances
Articles being worn except under certain limited
circumstances
Intangible property representing ownership or
interest in other property, such as bankbooks,
checks, stock certificates, and insurance policies
Government property
Contraband (property acquired, possessed, or
transported in violation of law or regulations)
MEASURE OF DAMAGE
The rules for calculating the amount the claimant
can recover on a personnel claim are not complicated.
The provisions of JAGINST 5890.1, encl. (5), for
computing the amount of award may be summarized as
follows:
. If the property can be repaired, the claimant will
receive reasonable repair costs established either by a
paid bill or an estimate from a competent person.
Estimate fees may also be recovered under certain
circumstances.
Deductions may be made for any
preexisting damage (damage or defects that existed
before the incident that gave rise to the personnel claim)
that also would be repaired. If the cost of repairing the
property exceeds its depreciated replacement cost,
however, the property will be considered not
economically repairable.
. If the property cannot be economically repaired
the claimant will recover an amount based on the
property’s replacement cost. This amount is reduced to
reflect any depreciation.
Schedules of depreciation
deductions are published by JAG. The schedules do not
normally require depreciation for items less than 6
months old. Older items are depreciated on a basis of a
percentage of the replacement cost for each year the
claimant owned the property. Depreciation deductions
are not usually taken for certain expensive items that
appreciate in value over time (antiques, heirlooms,
valuable jewelry) or for relatively unique items such as
original works of art. Deductions may also be taken
when the claimant retains property that cannot be
economically repaired, but nonetheless retains a
significant salvage value.
The maximum amount payable under the PCA is
$40,000. Lower maximum amounts may be imposed
for certain types of property. For example, noncollision
damage claims for motor vehicles are limited to $2,000,
except when the vehicle is being shipped pursuant to
PCS orders.
STATUTE OF LIMITATIONS
The statute of limitations for personnel claims is 2
years, although it can be suspended during time of armed
conflict. In household goods claims, however, the
claimant must act relatively promptly. Failure to take
exceptions when the goods are delivered by the carrier,
or within 70 days, may result in reduced payment. Also,
failure to file the claim in time for the federal
government to recover compensation from the earner
under the carrier’s contract with the government may
also result in reduced payment.
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