NC Crime Victims Compensation Program

The Bottom Line

If your car accident involved a crime -- a drunk driver, a hit-and-run, or reckless driving resulting in criminal charges -- you may be eligible for up to $30,000 from the NC Crime Victims Compensation Program. This is a government fund that is completely separate from your insurance claim or any civil lawsuit. Many accident victims do not know this program exists, and the money goes unclaimed every year.

What Is the NC Crime Victims Compensation Program?

The NC Crime Victims Compensation Program is administered by the NC Department of Public Safety's Office of Victim Services. It provides financial assistance to victims of crimes that result in personal injury or death. The program is funded by fees and fines collected from convicted offenders -- not taxpayer dollars.

For car accident victims, this program becomes relevant when the accident was caused by criminal conduct. Not every car accident qualifies, but those involving criminal behavior often do.

Car Accidents That May Qualify

Your car accident may qualify for crime victims compensation if it involved:

• DWI/DUI -- The other driver was charged with driving while impaired
• Hit-and-run -- The other driver fled the scene (a criminal offense under NC law)
• Reckless driving -- The other driver was charged with reckless driving under N.C. Gen. Stat. 20-140
• Vehicular manslaughter or homicide -- A fatal accident resulting in criminal charges
• Assault with a deadly weapon (vehicle) -- Road rage incidents where the vehicle was used intentionally
• Felony death by vehicle -- Driving under the influence causing a fatality
• Racing on highways -- Illegal street racing causing injury or death

What the Program Covers

The NC Crime Victims Compensation Program can reimburse up to $30,000 for:

• Medical expenses -- Emergency room visits, surgery, hospital stays, prescriptions, physical therapy, medical devices, and ongoing treatment
• Lost wages -- Up to $500 per week for income lost due to injuries (with medical documentation)
• Funeral and burial costs -- If a family member was killed in the accident
• Counseling -- Mental health treatment for the victim and immediate family members
• Crime scene cleanup -- Costs to clean or restore property damaged during the crime
• Relocation expenses -- In cases where the victim needs to move for safety
• Other out-of-pocket expenses -- Transportation to medical appointments, childcare during recovery, and other reasonable costs

Who Is Eligible

To qualify for NC Crime Victims Compensation, you must meet these requirements:

1. You are the victim of a crime that occurred in North Carolina (or the victim is a NC resident and the crime occurred in a state without a compensation program)
2. The crime was reported to law enforcement within 72 hours (extensions may be granted for good cause)
3. You cooperate with law enforcement and prosecution throughout the investigation and legal proceedings
4. You were not the perpetrator of the crime and did not contribute to your own injuries through criminal activity
5. You file your application within 2 years of the crime (exceptions for minors and incapacitated victims)
6. You have unreimbursed expenses -- the program covers costs not paid by insurance or other sources

Family members of victims who were killed may also apply, including spouses, children, parents, and dependents.

How to Apply

1. 1

   Report the crime to law enforcement

   If you have not already done so, report the accident/crime to the police. The crime must be reported to law enforcement, and you must have a police report or case number. For hit-and-run accidents, file a report even if the other driver was never identified.

2. 2

   Gather your documentation

   Collect medical bills, proof of lost wages (pay stubs, employer letter), receipts for out-of-pocket expenses, the police report number, and information about any insurance coverage you have. The more documentation you provide, the faster your application will be processed.

3. 3

   Complete the application

   Download the application from the NC Department of Public Safety's Victim Services website or request one by calling 800-826-6200. The application asks for information about the crime, your injuries, your expenses, and your insurance coverage.

4. 4

   Submit the application

   Mail the completed application and supporting documents to NC Victim Compensation Services. You can also contact your local victim advocate or district attorney's office for help completing the application. Many counties have victim advocates who will assist you at no charge.

5. 5

   Wait for the eligibility determination

   The program will review your application, verify the crime with law enforcement, and determine your eligibility. Processing times vary, but you can check the status of your application by calling 800-826-6200. If approved, payments are made directly to you or to your medical providers.

6. 6

   Appeal if denied

   If your application is denied, you have the right to request a hearing before the Crime Victims Compensation Commission. You can present additional evidence and argue your case. Many initial denials are overturned on appeal when additional documentation is provided.

How This Relates to Your Insurance Claim and Lawsuit

The Crime Victims Compensation Program is completely separate from your auto insurance claim and any civil lawsuit you may file against the at-fault driver. Here is how they interact:

You can pursue all three at the same time:

• File for Crime Victims Compensation (government program)
• File an insurance claim with the at-fault driver's insurer
• File a personal injury lawsuit against the at-fault driver

However, there are important interactions:

• The compensation program is a payer of last resort -- it covers what insurance does not
• If you later receive an insurance settlement or court award that covers the same expenses, you may need to reimburse the compensation program
• The program may place a lien on any settlement or verdict you receive to recover the benefits it paid

Why Having an Attorney Still Matters

The Crime Victims Compensation Program is a helpful resource, but it has significant limitations:

• $30,000 maximum -- Serious accident injuries often result in medical bills far exceeding $30,000
• Lost wage cap -- $500 per week may be far less than your actual income
• No pain and suffering -- The program only covers economic losses, not non-economic damages
• No property damage -- Vehicle repair or replacement is not covered
• Payer of last resort -- Only covers gaps in other coverage

A personal injury attorney can help you pursue the full value of your claim -- including pain and suffering, future medical costs, lost earning capacity, and other damages that the compensation program does not cover. Many attorneys will help you coordinate the compensation application alongside your legal case at no additional cost.

Frequently Asked Questions

Frequently Asked Questions

Can I get crime victims compensation after a DUI accident in NC?▾

Yes. If you were injured by a drunk driver in North Carolina and the driver was charged with DWI or a related crime, you may qualify for the NC Crime Victims Compensation Program. The program can cover up to $30,000 in medical expenses, lost wages, counseling, and other costs. You must report the crime to law enforcement and cooperate with prosecution. This is separate from any insurance claim or civil lawsuit.

How much does NC Crime Victims Compensation pay?▾

The NC Crime Victims Compensation Program pays up to $30,000 per claim. This can cover medical expenses, lost wages (up to $500 per week), funeral and burial costs, counseling, crime scene cleanup, and other out-of-pocket expenses related to the crime. The program is a payer of last resort, meaning it covers costs not paid by insurance, Medicaid, or other sources.

Does filing for crime victims compensation affect my car accident lawsuit?▾

No. The NC Crime Victims Compensation Program is completely separate from any insurance claim or civil lawsuit. You can apply for victim compensation and pursue a personal injury case at the same time. However, if you receive a settlement or verdict in your civil case, you may be required to reimburse the compensation program for benefits it paid.

What is the deadline to apply for NC crime victims compensation?▾

You generally have 2 years from the date of the crime to file an application with the NC Crime Victims Compensation Program. However, exceptions may be made for good cause, such as cases involving minors or situations where the victim was physically unable to apply. It is best to apply as soon as possible after the crime.