Does a perpetrator have to repay a victim’s medical bill if already paid by their insurer?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Does a perpetrator have to repay a victim’s medical bill if already paid by their insurer?
I was ordered to repay an $1800 medical already paid for by insurance. I do not understand since the NY law book and the crime victim’s handbook state out-of-pocket expenses only.
Asked on November 17, 2010 under Criminal Law, New York
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You have been ordered to pay restitution under the New York Law. restitution is compensation to the victim of a crime for out of pocket loss, and not for "damages" like in a personal injury lawsuit. They can indeed include medical bills but can also include lost wages, replacement of property, etc. The victim must ask and prove the loss and the restitution must be ordered by the Court at the time of sentencing. It is part of the whole package, so to speak, with regard to probation. It is not intended to make a party unjustly enriched by giving them an award that they did not pay to begin with. Believe it or not you have a right to object to the amount and the court will hold a hearing. Ask about it.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.