This law section outlines the Virginia Commonwealth's right to recover payments made from the Criminal Injuries Compensation Fund by subrogating the claimant's or victim's legal rights. It establishes the process for the Commonwealth to pursue claims, the timing restrictions, and how collected funds are handled. Additionally, it details the Commonwealth's lien rights on claims for injuries compensated by the Fund and the priority of such liens.
Subrogation allows the Commonwealth to step into the shoes of the claimant or victim to recover payments made from the Criminal Injuries Compensation Fund.
The Commonwealth can initiate proceedings within one year of the crime's commission unless the claimant's or victim's rights have been previously terminated.
All funds collected are paid to the Comptroller for deposit into the Criminal Injuries Compensation Fund.
The Commonwealth has a lien on claims for injuries paid by the Fund, which is subordinate to attorney fees but superior to other liens, and it becomes effective upon notice.