North Carolina
Victim Resources & Support Services
(last updated 7/10/98)
NORTH CAROLINA VICTIM ASSISTANCE
NORTH CAROLINA
CRIME VICTIMS COMPENSATION COMMISSION
The State of North Carolina has a program to reimburse citizens who
suffer medical expenses and lost wages as a result of being an
innocent victim of a crime committed in North Carolina. The Crime Victims Compensation Commission is the governing body with the authority to award or deny reimbursement claims. The Division of Victim and Justice Services administers the program.
A victim is a person who suffers injury or death proximately caused
by criminally injurious conduct occurring on or after August 13,
1987, that:
- by its nature, poses a serious threat of personal injury or
death, and
- is punishable by a fine or imprisonment or death, and
- does not result from a violation of the motor vehicle laws,
except in conduct related to Driving While Impaired, and effective April 1, 1997, Hit and Run.
Except as excluded by law, a claim may be payable to:
- the innocent victim;
- a dependent of a deceased innocent victim; or
- a legal representative of a innocent victim
The Program is designed to cover medical expenses, lost wages,
and/or replacement services (i.e. child care expenses).
A maximum of $20,000 may be paid for any award, except when the
victim dies as a result of the crime -- in that case, an additional
$3,500 may be paid to the survivors for funeral expenses.
WHO IS NOT ELIGIBLE?
A claimant
- who has insurance that pays the maximum amount authorized by
Victims Compensation
- who suffers economic loss of less than $100.00
- who does not incur economic loss within one year, except
victims under the age of 10 at the time of injury, who may be
compensated for economic loss incurred up to two years after the
crime
- who fails to file within one year from the date of the incident
- who does not report the crime to a law enforcement agency
within 72 hours
- who contributes to the criminal conduct
- who is the offender or an accomplice
- who does not cooperate with the Crime Victims Compensation
Commission and Staff
- whose award would benefit the offender or their accomplice
(except when interests of justice require)
- who was confined in a correctional facility when the crime
occurred
- who was in the commission of a crime at the time of the
incident.
WHAT MAY NOT BE PAID? Compensation will not be paid for a
loss of personal property or for any expense paid by insurance or
other sources. Nor will it be paid as reimbursement for pain and
suffering, or injury or loss that is the result of a violation of
motor vehicle laws other than Driving While Impaired.
INVESTIGATION OF A CLAIM - Every claim filed with the
Commission will be investigated to determine that:
- a crime was committed that resulted in physical injury or
death;
- the victim did not contribute to their injuries or sustain the
injuries while engaged in an illegal activity;
- the crime was reported to law enforcement within 72 hours
unless good cause is shown; and
- the victim (or the victim's legal representative) cooperated
with all law enforcement agencies and the Victims Compensation
Staff; and
- the victim was not committing any crime at the time of the
incident.
HOW TO APPLY
- Your local law enforcement agency should have necessary forms
and information for application, or
- Your victim witness coordinator in your local District
Attorney's Office should have necessary forms and information for
application, or
- You can call the Victims Compensation Office in Raleigh (see below) to obtain applications.
CRIME VICTIMS
COMPENSATION PROGRAM
NC Division of Victim & Justice Services
Gary B. Eichelberger, Director
Post Office Box 29588
512 N. Salisbury Street
Raleigh, North Carolina 27626-0588
in NC: 1-800-826-6200