High Restitution

[fairca]

Many thanks cmre3456!!!

Last week, the public defender told me that the judge can order me to pay insurance company money they spent. I am very worried about this. I am in very bad financial situation and that is why I am qualified for a public defender for low income.

Do you think it good that I bring decision from family court to show judge I am compensating my ex in family court? One example is that I am paying spousal support for 24 months till November 2012 while the marriage is 18 months. The monthly spousal support is calculated by the family court judge according to the difference of her salary before and after D.V. My ex did have a hospital report saying that she can work full time 100% in March 2012. That means I am already overpaying the spousal support due to the domestic violence.

I am also ordered to pay more than 10,000.00 lawyer fee for my ex because of the D.V. related custody issue in family court. Is this $10,000.00 lawyer fee can be treated as compensation?

[cmre3456]

You'll need to ask your attorney. Laws vary too much, state to state, and on occasion, judges don't follow the law unfortunately.

[fairca]

cmre3456,

Some update. I got the copy of the VCGCB report. There is one page talking about that VCGCB is collecting money for insurance company as the following:

"The above amount was "paid" pursuant to Government code section 139572., which states that the board may establish maximum rates and service limitations for reimbursement of medical and medical-related services and for mental health and counseling services.

To ensure service limitations that are uniform and appropriate to the levels of treatment required by the victim or derivative victim, the board may review all claims for these services as necessary to ensure their medical necessity.

A provider who accepts payment from the program for a service shall accept the program's rates as payment in full and shall not accept any payment on account of the service from any other source if the total of payments accepted would exceed the maximum rate set by the board for that service.

The paid amount reflects reductions due to maximum rate limitations, insurance reimbursements and/or provider write-offs."


Please advise and Thank you very much.

[cmre3456]

As I said, I don't know your state's insurance laws and they are different in every state. In addition to statutes, your state will have some kind of insurance commission and they can write regulations which are also law.

In reading what you just posted, it doesn't seem to apply to your question about whether you will be responsible. It appears to just state the regulations about how the provider can be paid by the insurance company and at what rates.

[fairca]

understand cmre3456. How can criminal court judge know about insurance commission? The public defender said the law is not good in my side. It seems the judge is gonna to order all the ambulance and emergency room fee to me. I am so confused and feel unfair.

[cmre3456]

Well, your best answers for your state and your personal situation are going to come first from the attorney, and finally from the judge. Judges certainly do have the ability to order restitution for the costs caused by the defendant. Here, they usually wouldn't unless the insurance company put in a claim.

When you have a case which is criminal but ancillary claims which are normally civil, it's a crap shoot as to whether it would be left to the ins. co. to make a civil claim. When that happens they usually don't. They'd probably pay more in legal fees to some high priced law firm in coming after you than their claim is worth, with no promise that you could ever pay it.

You'll just need to work with the attorney and the court and hope for the best.

[fairca]

All right, cmre3456. Thank you very much for all these advises.

My last question is that whether this claim is related to my ex wife? I mean does the insurance company have to get my ex wife's consent before they ask VCGCB to collect medical fee from me or the insurance company and my ex will share the reimbursed fee if judge order me to pay for the medical cost?

[cmre3456]

As I said, I don't know your state laws, but basic liability laws would say that if you are the cause of an expense, then you are liable for it. No, the insurance company wouldn't need anyone's permission to go after money which was due to them. They would have to either file a third party motion (petition) for restitution in the criminal case or file a civil suit, or both.

The judge has the power to do almost anything she thinks will benefit the court or the public at large or the defendant (such as in "teaching him a lesson") or anyone else. Basically, if the judge thinks it would be "good for you" to be required to pay restitution, then she could order it.

Please ask your attorney. About all you can do now is wait and see what happens.

[fairca]

Hi Guys,

Just some update from my court today. One guy in the court told me he came to the court every 2-3 weeks for the last two year for the same VCGCB restitution claim but there is no progress from the public defender. I asked my former lawyer to call VCGCB for about one months but no call back. What is wrong with this organization? Is there any deadline for the VCGCB claim expired or to be decided by law?

I am drived crazy.

Many thanks.