When Do I Use An SF95 Form?

“Form 95” usually means Standard Form 95 (SF-95), “Claim for Damage, Injury, or Death.” It’s the federal form used to present an administrative tort claim against the United States under the Federal Tort Claims Act (FTCA). Department of Justice+2U.S. General Services Administration+2

What SF-95 is (and what it isn’t)

SF-95 is not an accident-report form. It’s a money-damages claim you file when you believe a federal agency or federal employee’s negligence/wrongful act caused your loss (property damage, injury, or death). Department of Justice+2U.S. General Services Administration+2

On the form (and under the regulation), a proper FTCA “presentment” generally means:

  • It must be presented to the correct federal agency whose activities gave rise to the claim. eCFR+1
  • It must include a “sum certain” (a specific dollar amount claimed). Veterans Affairs+1
  • The government form itself comes from GSA and is linked across agencies as the standard FTCA claim format. U.S. General Services Administration+1

Some agencies note SF-95 is convenient but not strictly mandatory if a written claim contains the required elements (including the sum certain and signature). Veterans Affairs+1


About “the roads are already insured through the Department of Transport”

There can be truth inside what you’re pointing at, but it’s usually being mixed together with a different concept.

What government “road insurance” typically covers

A transportation department (federal/state/provincial) may be insured or self-insured for its own liability — for example, if poor maintenance, signage, or design negligence causes harm. That’s when you might file a claim against that government entity (federal → SF-95; state/province → their own “notice of claim” system).

What it does not cover

That government coverage doesn’t replace drivers’ liability coverage, because in most collisions the alleged fault is driver negligence, not road-authority negligence.

So even if the road authority is insured, the system still requires:

  • a collision report (police/DMV/transport authority reporting rules), and/or
  • a claim against the at-fault driver/insurer, and only sometimes
  • a claim against the road authority if a roadway condition caused or contributed.

When SF-95 would make sense after a crash

SF-95 is relevant if the accident involves something like:

  • A vehicle operated by a federal employee (e.g., postal truck, federal fleet) acting within job duties, Department of Justice+1
  • An injury on federal property (certain federal premises cases), or
  • Alleged negligence by a federal agency (rare for ordinary public roads, but can happen on federal lands/facilities).

In those situations, SF-95 is the administrative doorway to an FTCA claim. Department of Justice+2eCFR+2


If you meant a state/provincial “Department of Transportation”

Many state DOTs/provinces have their own claims process (often called “tort claim,” “damage claim,” or “notice of claim”). SF-95 would not be the right form unless the responsible entity is federal.

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