Thursday, May 13, 2010

In cases involving criminal restitution orders, must compensation by insurance first be considered?

In criminal cases (i.e. burglary) where a restitution order is made to compensate a victim for his / her losses, must the judge first consider how much of the victim's losses were covered by insurance, and then deduct that amount from the final total? Any information specifically related to the North Carolinian process would be greatly appreciated, but any general theories / advice is helpful as well.In cases involving criminal restitution orders, must compensation by insurance first be considered?
Judge may or may not consider insurance. If the judge considers insurance, then after you the net amount, the insurance company can go after you for what they paid.





The net result is that the total theft must be repaided. If I was the judge I would triple the amount.





Just pay what the judge told you.

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