Who is not eligible?
Persons not eligible for assistance from this fund include:
- A victim who was not injured or killed as a result of the crime;
- A victim who is determined to have contributed to the crime that led to the injury or death;
- A victim who was injured while committing, attempting to commit, participating or attempting to participate in a criminal act;
- A victim who was injured while confined in a correctional facility;
- A victim who did not report the crime to a law enforcement officer within 72 hours of the date of the crime (Note: this requirement does not include victims of sexual assault who do not apply to the violent crime compensation fund);
- A victim who is injured or killed in a hit and run accident or by a driver who was not found to be legally intoxicated or impaired;
- A claimant whose net worth exceeds $200,000;
- A victim who receives collateral source payments in excess of $15,000 (Note: An award will be reduced by any collateral source income received.);
- A claimant who fails to file an application within 180 days of the crime's occurrence.
What is not covered?
This fund does not reimburse victims for:
- Property damage and replacement of items damaged or stolen during the violent crime;
- Damages for "pain and suffering";
- Relocation expenses;
- Travel, food, and lodging to attend depositions, trials, appeals, sentencings, or parole hearings;
- Rent, utilities or food;
- Crime scene cleanup; or
- Burial clothing, funeral flowers, food for wake, travel or lodging to attend funeral services.
What happens after I file my application?
The Violent Crime Victim Compensation program staff will review the application to determine eligibility. If additional information is needed, you will receive a written explanation of what is needed. Results of staff investigations and the decision regarding financial assistance will be sent to applicants by mail or if appropriate through electronic correspondence.
When will I receive payment?
The division may make an award in full, in part, or deny an application altogether. In the event that approved expenses exceed the maximum award of $15,000, the division will divide the award among the providers. The Violent Crime Victim Compensation program is a "payer of last resort," meaning, with the exception of forensic exams for sex crime victims, an award will be made only in situations where the claimant has no other recourse. Therefore, the final award may be reduced by the amount of benefits covered by insurance, unemployment compensation, Social Security, public funds (including Medicare or Medicaid) or any other source.
Note: If you do receive Violent Crime Victim Compensation funds, and later receive an insurance settlement or court-ordered restitution covering the same loss paid by the fund, YOU MUST REPAY THAT AMOUNT TO THE STATE OF INDIANA.
What if I am not satisfied with the decision?
Applicants have 30 days from the date of a denial notice to send a written request for an administrative hearing. A hearing date will be set and the applicant will be notified of the time and location. Appeal hearings are held at the Indiana Government Center in Indianapolis.
Do I need an attorney?
It is not necessary to hire an attorney to apply for Violent Crime Victim Compensation or to appeal a decision of the division. However, a claimant may elect to hire an attorney to represent them at the appeal hearing. Please keep in mind that attorney's fees are only awarded in cases heard at an administrative hearing, and receive a ruling in the claimants favor.
For a written copy of this document, please contact the Victim Services Division of the Indiana Criminal Justice Institute.