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  1. #1

    Default High Restitution

    My question involves criminal law for the state of: CA

    I had a mis-demeanor domestic violence to my ex one and half year ago. At that time, I had agreed to pay $5200.00 restitution covering my ex's losing working hours and her co-pay medical bills but did not pay for medical fees paid by my ex's insurance company.

    But this week, the public defender shows me that my ex is asking me to pay for the fees as restitution that paid by insurance company. It is a huge number covering the emergency room service etc. I am wondering whether I should pay for this fees?

    Many thanks!!!

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: High Restitution

    You mean, the insurance company wants to be reimbursed for the money you caused it to expend treating your ex's injuries?

    How is this an issue if you were sentenced, and restitution was set, more than a year ago? Are you still on probation?

  3. #3
    Join Date
    May 2011
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    638

    Default Re: High Restitution

    Quote Quoting fairca
    View Post
    -snip-

    But this week, the public defender shows me that my ex is asking me to pay for the fees as restitution that paid by insurance company. It is a huge number covering the emergency room service etc. I am wondering whether I should pay for this fees?

    Many thanks!!!
    Your ex is asking? I could see the insurance company going after that money, but not the ex. I don't see where the ex even has standing to do that.

    It sounds like, as Mr. Knowitall implied, your case has concluded with your ex. Double check with the defender and make sure it isn't the insurance company that's after the money.

    Visit with the defender and have the papers explained to you.

  4. #4

    Default Re: High Restitution

    Thank you very much for your reply.

    The details is like this. One and half years ago when I have the restitution agreement in sentence with the DA to pay $5200.00. My ex was giving her right to argue restitution to DA.

    But recently, my ex asked a non-profit organization "VCGCB(victim compensation and government claims board)" to represent her to ask for more restitution,i.e., ask VCGCB to write letter to the court to claim the fee part that is paid by insurance company. I do not know whether insurance company is behind VCGCB or not. I asked public defender. It is not.

    In law, am I obligated to pay for the whole medical cost from the incidence?

    Thanks again.

  5. #5
    Join Date
    May 2011
    Posts
    638

    Default Re: High Restitution

    I don't even see where anyone but the insurance company has standing (the legal right) to sue you for what they paid.

    Lacking the actual paperwork so far, I'm not sure what's happening. If anyone but the insurance company asked me for that money I'd ignore them. If anyone but the insurance company actually filed a court action for it, I'd make a motion for dismissal for lack of standing.

  6. #6

    Default Re: High Restitution

    Thank you very much cmre3456. I am sure the paper work the public defender gave me was from VCGCB not from insurance company and that is why I feel weird. What do you mean "lack of standing" if insurance company sue me?

  7. #7
    Join Date
    May 2011
    Posts
    638

    Default Re: High Restitution

    Quote Quoting fairca
    View Post
    Thank you very much cmre3456. I am sure the paper work the public defender gave me was from VCGCB not from insurance company and that is why I feel weird. What do you mean "lack of standing" if insurance company sue me?
    "Standing" is a legal term that under these circumstances, off hand I had would describe as this; a person must have an actual financial interest in an item in order to sue for it.

    Because the insurance company paid for the damages, they have standing to sue. That doesn't mean they have a good case, it just means they have a financial interest.

    Joe Blow down the street who paid nothing and took no loss does not have such standing. An exception would be that if the insurance company assigned the right to try to collect to something like a collection agency. Then the agency is given standing by becoming an agent for the insurance company.

  8. #8
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: High Restitution

    The VCGCB is NOT a "non profit organization." It is a government agency that helps to provide aid to victims and assists in obtaining compensation. The VCGCB operates a restitution recovery program that works with prosecutors and the courts to help compel offenders to pay restitution. If restitution was ordered through the court, then you will be compelled to pay.

    If you want to learn more, go to their site:

    http://www.vcgcb.ca.gov/

    Keep in mind that the insurance company can certainly sue you for their loss which was incurred as a result of your criminal actions.

  9. #9

    Default Re: High Restitution

    All right, thank you very much folks.

    I think the key problem is whether VCGCB is representing the insurance company.

    It seems to me it depends on the insurance's policy that a domestic violence related emergency situation will not be treated as normal emergency situation.

  10. #10
    Join Date
    May 2011
    Posts
    638

    Default Re: High Restitution

    Here's my take on it without seeing any papers. If the court didn't order ins. co. restitution, then it would be up to the insurance company to sue you for it. My experience with ins. co's is that they don't usually sue. It costs them a ton to bring such a suit and unless you're solid gold they usually can't collect. They also often lose a significant amount of a judgment even if they get one due to selling the judgment or paying a fee for collection.

    When they do their actuarials they factor in those losses and usually just eat them.

    No promises.

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