Kentucky Statutes 49.460 – Subrogation
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(1) No right of action at law against a person who has committed a criminal act for damages as a consequence of such act shall be lost as a consequence of receiving benefits under the provisions of KRS § 49.270 to KRS § 49.490. In the event any person receiving benefits under KRS § 49.270 to KRS § 49.490 additionally seeks a remedy for damages from the person or persons who have committed the criminal act resulting in damages, then and in that event the Crime Victims Compensation Board shall be subrogated to and have a lien upon any recovery so made to the extent of the payments made by the state to or on behalf of such person under KRS § 49.270 to
49.490.
(2) If compensation is awarded, the state is subrogated to all the claimant’s rights to receive or recover benefits or advantages, for economic loss for which and to the extent only that compensation is awarded from a source which is, or, if readily available to the victim or claimant would be, a collateral source.
Effective: June 29, 2021
History: Amended 2021 Ky. Acts ch. 185, sec. 53, effective June 29, 2021. — Repealed, reenacted, renumbered, and amended 2017 Ky. Acts ch. 74, sec. 46, effective June 29, 2017. — Created 1976 Ky. Acts ch. 263, sec. 17.
Formerly codified as KRS § 346.170.
49.490.
Terms Used In Kentucky Statutes 49.460
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Lien: A claim against real or personal property in satisfaction of a debt.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(2) If compensation is awarded, the state is subrogated to all the claimant’s rights to receive or recover benefits or advantages, for economic loss for which and to the extent only that compensation is awarded from a source which is, or, if readily available to the victim or claimant would be, a collateral source.
Effective: June 29, 2021
History: Amended 2021 Ky. Acts ch. 185, sec. 53, effective June 29, 2021. — Repealed, reenacted, renumbered, and amended 2017 Ky. Acts ch. 74, sec. 46, effective June 29, 2017. — Created 1976 Ky. Acts ch. 263, sec. 17.
Formerly codified as KRS § 346.170.