What is the law regarding restitution for property not belonging to a victim?

UPDATED: Oct 1, 2022

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What is the law regarding restitution for property not belonging to a victim?

My son was in a car accident that was intentionally caused by another party. The other party was jailed and charged with assault with a deadly weapon with intent to kill. The car was in my name and because the other party’s insurance company hasn’t accepted the claim yet I filed it on my collision coverage. My

son goes to court next month and I want to know if he can ask for the down payment for the car and the amount left over with my finance company after payment from my insurance company. Can he ask for this even though the car was in my name?

Asked on June 13, 2018 under Criminal Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, he cannot ask for restitution for another person's property. In addition, bear in mind that restitution is often not granted in any case, since the primary purpose of criminal law is to uphold the laws, not to provide monetary compensation. Your recourse, if you believe that there are amounts you are entitled to which are not paid by your insurance, is to sue the at fault driver (and/or the owner of his car, if that is a different person) for those amounts.

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.

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