§ 16-90-714 — Subrogation of state to claimant's rights

(a) If reparations are awarded, the state shall be subrogated to all the rights of a claimant to receive or recover from a collateral source to the extent that reparations were awarded. (b) (1) In the event the claimant recovers reparations, other than under the provisions of this subchapter for injuries or death resulting from criminally injurious conduct, the claimant shall retain as trustee so much of the recovered funds as necessary to reimburse the Crime Victims Reparations Revolving Fund to the extent that reparations were awarded to the claimant from that fund. (2) The funds retained in trust shall be promptly deposited into the fund. (c) (1) If a claimant brings an action to recover damages related to the criminally injurious conduct upon which reparations are claimed or awarded, the claimant shall give the Crime Victims Reparations Board written notice of the action. (2) After receiving the notice, the board may join in the action as a party plaintiff to recover the reparations awarded. (d) The board shall not require any claimant to seek or accept any collateral source contribution unless the claimant was receiving those benefits prior to the occurrence giving rise to the claim under the provisions of this subchapter.

Legislative History

Acts 1987, No. 817, §§ 8, 14.