§ 4–509. Preservation of civil actions; subrogation.

(a) A claimant or the claimant’s successors in interest retain the right to recover damages from the offender or third parties, and the right to restitution from the offender.

(b) To the extent that the Court has made payment to or on behalf of the victim, restitution, if imposed by the Court, shall be paid to the Fund.

(c) The District is subrogated to the claimant’s right against the offender or third parties to the extent of any compensation awarded under this chapter. The District may initiate a lawsuit against the offender for damages or restitution or against third parties for damages.

(d) The claimant shall notify the Office of the Attorney General for the District of Columbia if a lawsuit for restitution or damages is instituted. The District may intervene in the lawsuit and is privy to a lien on recovery made from the lawsuit. If the funds are retrieved through subrogation, they shall be credited to the Fund.

(e) Application forms for compensation by the Program shall include a repayment subrogation agreement.