Montana Code 53-9-132. Subrogation
53-9-132. (Temporary) Subrogation. (1) If a claimant seeks compensation under this part and compensation is awarded, the office is entitled to full subrogation against a judgment or recovery received by the claimant against the offender or a collateral source arising from the criminally injurious conduct committed by the offender for all compensation paid under this part. The office’s right of subrogation is a first lien on the judgment or recovery. If the claimant does not institute the action against the offender or collateral source within 1 year from the date the criminally injurious conduct occurred, the office may institute the action in the name of the claimant or the claimant’s personal representative. Funds recovered under this section must be paid to the crime victims compensation and assistance program in the department of justice for deposit in the account provided for in 53-9-113.
Terms Used In Montana Code 53-9-132
- Claimant: means any of the following claiming compensation under this part:
(a)a victim;
(b)a dependent of a deceased victim; or
(c)an authorized person acting on behalf of any of them. See Montana Code 53-9-103
- Collateral source: means a source of benefits, other than welfare benefits, or advantages for economic loss otherwise compensable under this part that the claimant has received or that is readily available to the claimant from:
(a)the offender;
(b)the government of the United States or any agency thereof, a state or any of its political subdivisions, or an instrumentality of two or more states, unless the law providing for the benefits or advantages makes them excess or secondary to benefits under this part;
(c)social security, medicare, and medicaid;
(d)workers' compensation;
(e)wage continuation programs of any employer;
(f)proceeds of a contract of insurance payable to the claimant for loss that was sustained because of the criminally injurious conduct;
(g)a contract, including an insurance contract, providing hospital and other health care services or benefits for disability. See Montana Code 53-9-103
- Criminally injurious conduct: means conduct that:
(a)occurs or is attempted in this state or an act of international terrorism, as defined in 18 U. See Montana Code 53-9-103
- 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.
- Office: means the office of victims services established in 2-15-2016. See Montana Code 53-9-103
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- Verdict: The decision of a petit jury or a judge.
(2)If the claimant institutes the action, the office shall pay a proportional share of costs and attorney fees if it recovers under its subrogation interest.
(3)If the office institutes the action in the name of the claimant or the claimant’s personal representative and the recovery is in excess of the amount of compensation paid to the claimant and costs incurred by the office in pursuit of the action, the excess must be paid to the claimant.
(4)If a judgment or recovery includes both damages for bodily injury or death for which the office has paid compensation under this part and damages for which the office has not paid compensation, then the office’s subrogation interest applies only to that proportion of the judgment or recovery for which it has paid compensation. In a civil action in a court of this state arising out of criminally injurious conduct, the judge, on timely motion, shall direct the jury to return a special verdict indicating separately the amounts of the various items of damages awarded. A claimant may not make recoveries against the offender or collateral source in such a way as to avoid and preclude the office from receiving its proper subrogation share as provided in this section. The office shall release its lien provided for in subsection (1) upon receipt of its subrogation share. (Terminates June 30, 2027–secs. 1, 2, 3, Ch. 139, L. 2021.)