How insure the payment of restitution?

UPDATED: Nov 12, 2012

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UPDATED: Nov 12, 2012Fact Checked

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How insure the payment of restitution?

About 7 years ago, my son was hit by a drunk driver. The driver was driving a vehicle registered to his father but it was not insured, nor did the driver have a driver’s license. The driver was convicted of felony DUI and is to pay my son restitution of over $50,000 to cover medical expenses and the loss of his vehicle. Since the vehicle was registered to the father, who is a homeowner, can a lien be placed on his house to insure my son will someday be repaid the restitution?

Asked on November 12, 2012 under Bankruptcy Law, California


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, you can place a lien on the home of the registered owner of the vehicle.  The registered owner of the vehicle is liable for your son's property damage and personal injury claims.  The registered owner of the vehicle is liable even though he wasn't present at the scene of the accident.

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