Oregon Statutes - Chapter 147 - Victims of Crime and Acts of Mass Destruction - Section 147.345 - State subrogated to rights accruing to beneficiary; suit by state against assailant; disposition of proceeds; settlement.

(1) The acceptance of an award made pursuant to ORS 135.905 and 147.005 to 147.367 shall subrogate the state, to the extent of such award, to any right or right of action accruing to the applicant or recipient against the assailant or any other person or entity liable for the injury constituting the basis for the award.

(2)(a) On behalf of the state, the Department of Justice may bring suit against an assailant to recover the amount of compensation paid to an applicant or recipient of an award made pursuant to ORS 135.905 and 147.005 to 147.367 as a result of the assailantís commission of a compensable crime. Before initiating a suit under this subsection, the Department of Justice must notify the applicant or recipient that the Department of Justice is going to initiate a suit. A suit under this subsection does not affect any right or right of action accruing to the applicant or recipient against the assailant for the injury constituting the basis for the award, except that the assailant may be able to offset payments made to the Department of Justice against any award to the applicant or recipient for the same damages. The assailant also may offset any payments the assailant has made to the applicant or recipient for the same damages against any recovery by the Department of Justice under this subsection.

(b) In a suit under this subsection, the Department of Justice may recover attorney fees and costs of suit.

(c) Each separate payment of compensation under ORS 135.905 and 147.005 to 147.367 creates a cause of action under this subsection.

(3) Any settlement of a right or right of action against the assailant or any other person or entity by the victim or the dependent of the victim based on the compensable crime must be approved by the Department of Justice if the department has made an award to the victim or the dependent of the victim. If the settlement is not approved by the department, the department may void the settlement. [1977 c.376 §20; 1987 c.770 §8; 2001 c.371 §1]

Section:  Previous  147.294  147.296  147.298  147.305  147.315  147.325  147.335  147.345  147.355  147.365  147.367  147.375  147.390  147.391  147.395  Next

Last modified: August 7, 2008