Build the status matrix first

Question	Why it matters
Who was driving?	Identifies the potentially responsible person/agency.
Who owned or controlled the vehicle?	Separates government, rental and private-vehicle paths.
What were the driver’s orders and mission?	Scope and official-purpose issues may determine the federal claim route.
Where did the crash occur?	Agency, jurisdiction and foreign-country rules can differ.
Who is the claimant?	Service-member, civilian, dependent and third-party claims can be governed differently.

Federal Tort Claims Act

DOJ identifies Standard Form 95 as the standard administrative form for claims alleging property damage, personal injury or death caused by a federal employee acting within the scope of federal employment. Under 28 U.S.C. § 2675, the claim must first be presented to the appropriate federal agency before suit, subject to the statute’s procedures and limitations.

FTCA filing requirements and deadlines

• Agency receipt: Under 28 C.F.R. § 14.2, present a signed SF 95 or other written incident notice with a specific dollar demand (a “sum certain”). A representative must document authority. Preserve proof that the appropriate agency received the claim; a crash report or insurance notice alone may not satisfy presentment.
• Administrative claim: 28 U.S.C. § 2401(b) generally requires written presentment within two years after accrual. Accrual can require legal analysis; do not assume it always equals the crash date.
• After final denial: The same statute generally requires suit within six months after the agency mails its final denial by certified or registered mail. Calendar the mailing date and obtain advice promptly.
• Agency silence: Under 28 U.S.C. § 2675(a), a claimant may treat six months without final disposition as a denial for purposes of filing suit. This is not an automatic award or an instruction to sue immediately.

These are FTCA rules. Other military, state, insurance, and foreign-claims routes can have different requirements and deadlines. Identify the applicable route before relying on this timetable.

Filing-source check: The linked § 2401(b), § 2675(a), and § 14.2 materials were checked October 5, 2026.

Military Claims Act and other regimes

10 U.S.C. § 2733 creates a separate Military Claims Act route for specified property loss, injury or death caused by covered conduct or otherwise incident to noncombat activities. Other statutes, insurance, foreign-claims rules, personnel property claims, medical-malpractice rules or service-specific claims procedures may instead control.

Preserve before choosing the lane: crash report, SF 91/SF 94 if generated, photographs, vehicle records, driver’s orders and duty status, dispatch records, witness information, medical records, insurance information, repair/value evidence and every agency claim submission.

Official sources

• DOJ — Standard Form 95 and Federal Tort Claims
• GSA — Standard Form 95
• 28 U.S.C. § 2675 — FTCA administrative presentment
• 10 U.S.C. § 2733 — Military Claims Act
• DoDD 5515.09 — Settlement of Tort Claims

Source status: SRC-059; SRC-060; SRC-061; SRC-062; SRC-063 verified October 4, 2026. Follow the decision notice and current service/agency instructions when they provide a more specific deadline or filing route.