CODE OF VIRGINIA

SUBROGATION OF COMMONWEALTH TO CLAIMANT’S RIGHT OF ACTION; LIEN IN FAVOR
OF THE COMMONWEALTH; DISPOSITION OF FUNDS COLLECTED (§ 19.2-368.15)

Acceptance of an award made pursuant to this chapter shall subrogate the
Commonwealth, to the extent of such award, to any right or right of action
accruing to the claimant or the victim to recover payments on account of losses
resulting from the crime with respect to which the award is made. However,
except as otherwise provided in subsection G of § 19.2-305.1, the Commonwealth
shall not institute any proceedings in connection with its right of subrogation
under this section within one year from the date of commission of the crime,
unless any claimant or victim’s right or action shall have been previously
terminated. All funds collected by the Commonwealth in a proceeding instituted
pursuant to this section shall be paid over to the Comptroller for deposit into
the Criminal Injuries Compensation Fund.Whenever any person receives an award
from the Criminal Injuries Compensation Fund, the Commonwealth shall have a lien
for the total amount paid by the Fund, or any portion thereof compromised
pursuant to the authority granted under § 2.2-514, on the claim of such injured
person or his personal representative against the person, firm, or corporation
who is alleged to have caused such injuries. The Fund’s lien shall be
inferior to any lien for payment of reasonable attorney fees and costs, but
shall be superior to all other liens created by § 8.01-66.2. The injured person
may file a petition or motion to reduce the lien and apportion the recovery
pursuant to § 8.01-66.9. The Fund’s lien shall become effective when
notice is provided pursuant to § 8.01-66.5 and liability shall attach pursuant
to § 8.01-66.6.

HISTORY: 1976, c. 605; 1983, c. 227; 2013, c. 273.