Feres Doctrine Q's

[UnincorporatedResident]

Where we live at has been declared a disaster area and so much paperwork has been lost or destroyed. My S-d has those big black crates and green knapsacks full of info but he hasn't been able to come home,so I have been set with teh task of trying to find out info and dig up his papers.

[Submariner]

Originally Posted by UnincorporatedResident

... His commanding officer wrote a letter for him (On military letterhead) stating that he was not on duty when the accident occured. ...

That says it all.

You said that his CO wrote it 'for' him. LOL

It was written against him.

Young folks always seem to think that they are bullet-proof. But they are not.

On Active-Duty every injury, every disease, every ailment is mission related even if you were on leave.

But part-time reservists, well that is another story indeed.

If his CO had said that it was somehow his mission, or that he was ordered to go do that.... ; but he did not. So, being there, and being injured was not due to his job.

I tell kids to stay away from the reserves. If your interested in the military, then go into the military. This part-time junk has too many exceptions.

[dmarie123]

He is not covered by tricare under those circumstances. He would have to be covered by his private insurance carrier. However, I still don't know why Geico won't process a claim. Let us know what happens!

[Poncho_NM]

Originally Posted by UnincorporatedResident

The lawyers he retained just sent a letter from the other guys insurance saying that the Feres Doctrine applies and that they can no longer help him.

Any help would be greatly appreciated.

It sure seems like there is something amiss.

I would try another attorney... Perhaps Pro Bono if possible or who charges a percentage of the settlement which can be a large percentage.

I would also contact the insurance company again...


Rich

[UnincorporatedResident]

Thanks for the info forest, but I wrote it correctly his commandiing officer wrote the letter for him. The superior (vehicle #2) says in his statement to the MP's they they were on duty and it was just a simple accident. The letter states that my s-d was not on duty and had not registered with Ft. Stewart yet. He visited while on break from his monthly duties (just trying to stay ahead I guess). It (letter from CO) was sent to Geico after they said the Feres Doctrine applies. My step-dad has nearly 19 yrs. combined service Active duty and Nat. Guard, i'm pretty sure he doesn't feel bullet-proof. and has known what he was getting into with each.
I really want to help with this situation but as a civilian I keep getting lost. I have been told to refer to the UCMJ and base legal but I have limited privilages. I'm only able to actually "talk" to my s-d once a week, other than that it's email and i'm really getting frustrated.

[dmarie123]

It doesn't only matter if he was on duty, what is more important was if the person at fault was on duty. You can't sue someone in the military for injuries that they cause or damage that they cause while they are performing their duties. Even if he was off duty, if the other person was, the Feres Doctrine MIGHT apply. If the person at fault was active duty, but not PERFORMING official duties, my understanding is that it does not apply. It's more about the person that is the target of the lawsuit, as far as the Feres Doctrine.

[UnincorporatedResident]

The arbitration was on 11 Dec and SD just got the results.

The insurance comapny has to return the 1K deductible and retroactively apply points to my SD's insurance rating (even though he is with USAA now) and he is still stuck suing the actual officer that hit him. He was told by his lawyer that they will only sue for the car payments he has been stuck with (just over 5K) and the retainer for their services.

The Medical he was stuck paying was based on his status not being updated in time as he had just gotten placed at FT. Stewart.

Thanks for those that tried to help and for the great lawyer refferal~~you know who you are~~ Many Thanks