842.124—Waiver and compromise of United States interest.
Waivers and compromises of government claims can be made. This paragraph lists the basic guidance for each action. (See § 842.117(e) for claims involving waiver and compromise of amounts in excess of settlement authorities' delegated amounts.)
(b)
Waiver can be made when collection causes undue hardhsip to the injured party. Ordinarily, factors such as the following should be considered:
(7)
An offer of settlement from a third party which includes virtually all the thirty party's assets, although the amount is considerably less than the calculation of the injured party's damages.
(c)
A compromise can be made upon written request from the injured party or the injured party's legal representative when liability is questionable, the injured party received excessive treatment, or the litigation risks dictate, and either of the following occurs:
(1)
The injured party accepts less than the jury verdict expectancy. When this occurs, the Air Force should consider settling its claim in a ratio similar to that which the total sttlement bears to the jury verdict expectancy.
(2)
The government's claim is almost as large as, or is larger than, the assets available for settlement.