According to California law, CalVCB is the payor of last resort and can only reimburse victims for crime-related expenses if there are no other sources of reimbursement. If CalVCB reimburses a victim for losses and another source of funds becomes available due to the same criminal incident, the claimant must reimburse CalVCB.
CalVCB must be given notice and opportunity to collect repayment before the related settlement funds are disbursed.
If a recipient of victim compensation receives reimbursement from another source due to the same criminal incident, or initiates a lawsuit for monetary damages or reimbursement through an insurance claim, the recipient or their attorney must notify CalVCB within 30 days of filing any action or submitting an insurance claim.
California law gives CalVCB statutory lien rights on any settlement or funds received by the compensation recipient that are related to the same criminal incident.
CalVCB is entitled to be repaid when a recipient of victim compensation funds receives a judgment, award or settlement for their crime-related expenses. The amount of repayment will not exceed the amount of compensation granted.
Send payments to CalVCB to:
P.O. Box 1348
Sacramento, CA 95812-1348
The recipient of victim compensation or their attorney must notify CalVCB within 30 days of initiating any civil lawsuit that is related to the crime for which victim compensation has been or is being paid.
CalVCB will mail the victim compensation recipient or attorney information explaining the necessary steps and options available to satisfy the payment obligation, if any.
Written notification to CalVCB must contain the following information and documents:
- Names and addresses of all parties named in the lawsuit, except for those persons represented by an attorney, in which case include only the name and address of the attorney.
- The nature of the claim asserted or action brought.
- The full title of the case, including the identity of the court or agency, the county where the lawsuit is filed, and case or docket number.
- If the case has settled, a copy of the settlement documents.
The recipient’s attorney or, if not represented by an attorney, the recipient must provide CalVCB with proper notice of any workers’ compensation claim related to the same incident or injuries for which CalVCB compensated a victim.
- All forms of workers’ compensation may be subject to repayment and/or a lien, including:
- Temporary disability.
- Permanent disability.
- Proceeds of a compromise and release (C&R).
- The far end of the Stipulation with Request for Award (STIP).
The recipient’s attorney or, if not represented by an attorney, the recipient must provide CalVCB with proper notice of any vehicle insurance (automotive, boat, motorcycle, aircraft, etc.) claim related to the same injuries for which CalVCB compensated a victim.
Insurance company information must also include the names of the adjustors, addresses, phone numbers and all policy/claim numbers.
- Notification of intent to file a vehicle insurance claim must include:
- Names and addresses of all parties in the claim.
- Names and addresses of all insurance companies.
- Nature of the claim or action brought.
Attorneys and/or victim compensation recipients who receive crime-related reimbursements including, but not limited to, civil lawsuits, workers’ compensation, or vehicle insurance, must contact the CalVCB Probate and Settlement Recovery Unit at email@example.com or 916-491-3766 within 30 days of filing an action.
- If the settlement or reimbursement has been distributed and the obligation to repay CalVCB is disregarded, then it will be considered an overpayment. CalVCB has contracted with the California Franchise Tax Board to recover the money through garnishment and will pursue all legal remedies available.
- Attorneys who participate in the distribution of crime-related settlement proceeds without first giving CalVCB notice and reasonable opportunity to perfect and satisfy CalVCB’s lien, may be held liable for the loss and subject to litigation. The State Bar may also be notified.
CalVCB Probate and Settlement Recovery Unit: Questions for documents to include for notification, questions about repayment, a lien or a demand letter