Frequently asked questions

Here you will find a list of frequently asked questions regarding payment of compensation – recourse.

Recourse is a term for a claim for reimbursement for something that has been paid on behalf of others. The Department of Civil Affairs handles cases where the state has paid compensation on behalf of the person who caused the damage.

Comments that may be relevant for our decision regarding the claim for recourse are mainly those that address the causation between the specific incident and the claim you are facing, or whether the claim is sufficiently documented.

You can, for example, note if the injured party had pre-existing conditions before the incident or if there could be other causes for the injury, or if you believe the injury was not your fault. However, this information must be supported by documentation.

If the incident occurred while you were a resident at a care facility or similar, you may be covered by a liability insurance that could cover the state's claim against you. In these cases, we also consider whether liability can be placed on the care facility, if they have not met their obligations. In this context, we assess what the care facility has done to prevent situations involving physical behavior, including whether they have ensured that the working conditions were sufficiently safe. If you have information about insufficient working conditions or similar issues, you can notify us about the above.

The above is not an exhaustive list of relevant comments you can make regarding your case. You are always welcome to submit any comments you believe the Department of Civil Affairs should be aware of before making a decision.

Comments that are not relevant may, for example, include those concerning the question of guilt regarding the underlying criminal case. If this has been clarified in connection with a criminal case where a judgment has been issued, will we base our decision on the outcome of the judgment. If no judgment has been issued, your comments regarding what happened may be relevant. However, as a general rule, we will base our decision on any statement you may have made to the police.

As a general rule, the amount will not be reduced, as the matter often involves a violation of the. However, an amount may exceptionally be reduced or waived, typically if the perpetrator was under the age of 15 or suffered from a mental illness at the time of the incident. There is also a general rule which may be considered in cases of less serious incidents. Each case will always be subject to a specific assessment.

When we inform you that you are jointly and severally liable with others, it means that we consider several individuals to be responsible for the same damage. Under Danish compensation law, the general rule is that if multiple people are responsible for the same damage, they are jointly and severally liable. This means we may demand the full reimbursement amount from any of the liable parties.

If one of the responsible parties pays the entire amount, they may later seek contribution from other liable parties. However, the state does not assist with this process if the other liable parties are unable to pay.

The Criminal Injuries Compensation Board has decided that the state must pay compensation to the applicant/injured party. It is the state's responsibility to recover the amount from the person who is deemed to have caused the damage. The Department of Civil Affairs handles this task on behalf of the state.

The person who caused the damage is not a party in the Criminal Injuries Compensation Board's case and therefore cannot make comments on the Board's decision. Regarding the processing of the recourse claim, the person who caused the damage can instead provide comments on whether the state should collect the money from them. These comments will be considered in the Department of Civil Affairs' handling of the case.

You have the opportunity to provide comments regarding the case, but you are not obligated to do so. For example, you can comment on whether you believe you are liable for the compensation paid.

You should never pay more than the full compensation amount. If you have already paid some or all of the compensation directly to the injured party, you must send documentation of this to the Department of Civil Affairs.

You cannot appeal the Department of Civil Affairs’ decision. If you disagree with the decision and do not wish to pay the amount, the Department of Civil Affairs will bring the case to court.

It is your own responsibility to pay the compensation the court has ordered you to pay. If you fail to do so, the injured party will typically apply to the Criminal Injuries Compensation Board to have the compensation paid by the Department of Civil Affairs, which may then recover the amount from you.

This may be due to a variety of factors, such as the following:

  • The Criminal Injuries Compensation Board has received an application for additional compensation from the injured party and has granted more compensation in that regard.
  • The amount has been adjusted according to the rules of the Victim Compensation Act.

If the Department of Civil Affairs has obtained a judgment requiring you to pay the amount to the state, or if you have reached a voluntary settlement with the Department, and you are unable to pay the amount, the case will be forwarded to the Danish Debt Collection Agency for collection.

If a person is subjected to a criminal offense involving a personal injury, the Criminal Injuries Compensation Board handles the application for compensation. The offender is not notified about the application. If compensation is granted, it is then up to the state to direct the claim towards the offender. The purpose of this division is, amongst other things, to ensure that the offender does not influence whether the injured party receives compensation, and to prevent the injured party from having further contact with the perpetrator.

The short answer is no. Since the offender is not involved in the Criminal Injuries Compensation Board’s proceedings, they are not bound by its decision. The Department of Civil Affairs must make an independent assessment of whether the legal conditions for liability are met before it can pursue a claim against the offender. If the offender disagrees with the Department of Civil Affairs’ assessment, a judge must decide whether the Department of Civil Affairs is entitled to demand that the offender repay the compensation paid by the state to the victim.

No, the perpetrator is not a party in the Criminal Injuries Compensation Board's handling of a compensation application. The process involves only the injured party and the Criminal Injuries Compensation Board.

The Department of Civil Affairs cannot provide payment plans. If the amount is not paid, the amount will be forwarded to the Danish Debt Collection Agency for collection.

The short answer is yes. The perpetrator is not a party in the Compensation Board case and is not given the opportunity to state his/her case before the Compensation Board. Because of this, the perpetrator is not aware that a case has been pending before the Compensation Board. Therefore, the perpetrator only gets the opportunity to state his/her case when a decision about recourse is made against the him.

If it is necessary in this context to disclose confidential information about the injured party, the Ministry of Justice has assessed that this is not unjustified.

if it is necessary to disclose confidential information about the injured party in this connection, the Ministry of Justice has assessed that this is not unjustified under Section 152 of the Danish Criminal Code.

In cases where the perpetrator does not pay the claim or enters into a voluntary settlement, the Department of Civil Affairs decides whether the state should summon the perpetrator to court to obtain a judgment for the claim. During the trial, it may be necessary to present the evidence that forms the basis of the state's claim. This may include sensitive personal information about, for example, the injured party's health, as this is of decisive importance for the nature and size of the claim and whether the court agrees that the state can demand payment from the perpetrator.

No, the Department of Civil Affairs does not consult the injured party before disclosing information. The reason for this is that the disclosure is necessary to carry out the public authority's task under section 17 of the Victim Compensation Act.

The Department of Civil Affairs always limits the disclosure of information about the injured party to what is necessary for the perpetrator to assess the claim. The Department of Civil Affairs does not disclose information about the injured party that is not relevant to the compensation paid.