State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15B > GS_15B-18

§ 15B‑18.  Subrogationby State.

(a)        If compensation isawarded, the Crime Victims Compensation Fund is subrogated to all theclaimant's rights to receive or recover benefits or advantages for economicloss from a source that is, or if readily available to the victim or claimantwould be, a collateral source, to the extent of the compensation awarded.

(b)        The Crime VictimsCompensation Fund is an eligible recipient for restitution under G.S. 15A‑1021,15A‑1343, 148‑33.1, 148‑33.2, 148‑57.1, and any otherapplicable statutes.

(c)        As a prerequisiteto bringing an action to recover damages related to criminally injuriousconduct for which compensation is claimed or awarded, the claimant shall givethe Commission prior written notice of the proposed action. After receiving thenotice the Commission shall immediately notify the Attorney General who shallpromptly:

(1)        Join in the actionas a party plaintiff to recover compensation awarded;

(2)        Require that theclaimant bring the action in his individual name as a trustee in behalf of theState to recover compensation awarded; or

(3)        Reserve its rightsand do neither in the proposed action. If, as requested by the AttorneyGeneral, the claimant brings the action as trustee and recovers compensationawarded from the Crime Victims Compensation Fund, he may deduct from thecompensation recovered in behalf of the State the reasonable expenses,including attorney fees, allocable by the court for that recovery.

(d)        If a judgment orverdict separately indicates economic loss and noneconomic detriment, paymentson the judgment shall be allocated between them in proportion to the amountsindicated. In an action in a court of this State arising out of criminallyinjurious conduct, the judge, on timely motion, shall direct the jury to returna special verdict, indicating separately the awards for noneconomic detriment,punitive damages, and economic loss.

(e)        Any funds recoveredby the Crime Victims Compensation Fund pursuant to this section shall be paidto the general fund.

(f)         The Director maypursue any claim of the Crime Victim's Compensation Fund or the Commission setforth in this Article. At the request of the Director, or otherwise, theAttorney General is authorized to assert the rights of the Crime Victim'sCompensation Fund or Commission before any administrative or judicial tribunalfor purposes of enforcing a claim or right set forth in this Article. (1983, c. 832, s. 1; 1987, c.819, s. 27; 1989, c. 679, s. 6; 1991, c. 301, s. 1; 2004‑159, s. 1.)