§ 611A.61 — Subrogation
Plain-Language Summary
When the state pays crime victim reimbursement, it takes over the victim's right to collect that amount from other sources like insurance or the offender. Claimants who receive reimbursement must help the state recover the money. An attorney helping with this recovery can charge up to one-third of the amount recovered.
611A.61 SUBROGATION.
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Subdivision 1.Subrogation rights of state.
The state shall be subrogated, to the extent of reimbursement awarded, to all the claimant’s rights to recover benefits or advantages for economic loss from a source which is or, if readily available to the victim or claimant would be, a collateral source. Nothing in this section shall limit the claimant’s right to bring a cause of action to recover for other damages. §
Subd. 2.Duty of claimant to assist.
A claimant who receives reimbursement must agree to assist the state in pursuing any subrogation rights arising out of the claim. The board may require a claimant to agree to represent the state’s subrogation interests if the claimant brings a cause of action for damages arising out of the crime or occurrence for which the board has awarded reimbursement. An attorney who represents the state’s subrogation interests pursuant to the client’s agreement with the board is entitled to reasonable attorney’s fees not to exceed one-third of the amount recovered on behalf of the state. §
Subd. 3.
[Repealed, 1995 c 226 art 7 s 26]
History:
1974 c 463 s 10; 1979 c 173 s 1; 1983 c 262 art 1 s 6; 1986 c 463 s 19; 1987 c 358 s 127; 1989 c 335 art 4 s 101; 2023 c 52 art 5 s 67
History: History: 1974 c 463 s 10; 1979 c 173 s 1; 1983 c 262 art 1 s 6; 1986 c 463 s 19; 1987 c 358 s 127; 1989 c 335 art 4 s 101; 2023 c 52 art 5 s 67