Does a perpetrator have to repay a victim’s medical bill if already paid by their insurer?

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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 11 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. 


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