FACTS
A victim restitution order imposed in a criminal case must be offset by
money the victim receives from the employer's insurer to settle a personal
injury action. Short was convicted of causing
great bodily injury while driving under the influence. The crime
occurred while Short was driving his employer's vehicle. The victim filed a
personal injury civil action against Short and his employer. To
settle that lawsuit, the employer's insurer paid the policy limits of two
insurance policies totaling $3 million dollars, and the victim
executed a waiver of claim against both Short and his employer. Short then moved
to reduce the victim restitution order by the amount of the settlement. The
trial court denied the motion, holding that since Short was not the insured and
did not pay the insurance premiums, the offset was not legally supportable. The
appellate court reversed, holding that the restitution order should have been
reduced by the amount of the settlement. The terms of the insurance policy
covered Short while he drove his employer's vehicle, and the insurance
settlement listed Short as being released from any claims connected with the
collision. The insurance settlement is deemed to be restitution directly from
the defendant.
Case Name: People v. Short
, District: 3
DCA , Case #: C055359.
Date: 3/4/2008 , DAR #:
3187
MORAL
Do not drink and drive. But if you are convicted of it and someone was injured then the order of the criminal court judge for restitution can be reduced by the amount the injured person was paid in the personal injury case.
THE INFORMATION HEREIN IS NOT LEGAL ADVICE.
AN ATTORNEY SHOULD BE CONSULTED
IF YOU DESIRE LEGAL ADVICE.
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