(1) Reparations otherwise payable to a claimant may be reduced or denied as follows:

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Terms Used In Utah Code 63M-7-512

  • Claimant: means any of the following claiming reparations under this part:
         (5)(a) a victim;
         (5)(b) a dependent of a deceased victim; or
         (5)(c) an individual or representative who files a reparations claim on behalf of a victim. See Utah Code 63M-7-502
  • Collateral source: means any source of benefits or advantages for economic loss otherwise reparable under this part that the claimant has received, or that is readily available to the claimant from:
         (7)(a) the offender;
         (7)(b) the insurance of the offender or the claimant;
         (7)(c) the United States government or any of its agencies, a state or any of its political subdivisions, or an instrumentality of two or more states, except in the case on nonobligatory state-funded programs;
         (7)(d) social security, Medicare, and Medicaid;
         (7)(e) state-required temporary nonoccupational income replacement insurance or disability income insurance;
         (7)(f) workers' compensation;
         (7)(g) wage continuation programs of any employer;
         (7)(h) proceeds of a contract of insurance payable to the claimant for the loss the claimant sustained because of the criminally injurious conduct;
         (7)(i) a contract providing prepaid hospital and other health care services or benefits for disability; or
         (7)(j) veteran's benefits, including veteran's hospitalization benefits. See Utah Code 63M-7-502
  • Economic loss: includes economic detriment even if caused by pain and suffering or physical impairment. See Utah Code 63M-7-502
  • Misconduct: means conduct by the victim that was attributable to the injury or death of the victim as provided by rules made by the board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 63M-7-502
  • Reparations award: means money or other benefits provided to a claimant or to another on behalf of a claimant after the day on which a reparations claim is approved by the office. See Utah Code 63M-7-502
  • Reparations claim: means a claimant's request or application made to the office for a reparations award. See Utah Code 63M-7-502
  • Reparations officer: includes the director when the director is acting as a reparations officer. See Utah Code 63M-7-502
  • Victim: means an individual who suffers bodily or psychological injury or death as a direct result of:
              (50)(a)(i) criminally injurious conduct; or
              (50)(a)(ii) the production of pornography in violation of Section 76-5b-201 or Utah Code 63M-7-502
     (1)(a) the economic loss upon which the claim is based has been or could be recouped from other persons, including collateral sources;
     (1)(b) the reparations officer considers the reparations claim unreasonable because of the misconduct of the claimant; or
     (1)(c) the victim did not use a facility or health care provider which would be covered by a collateral source.
(2) When two or more dependents are entitled to a reparations award as a result of a victim’s death, the reparations officer shall apportion the reparations award among the dependents.

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