Proof of Insurance Restitution on a Criminal Case
Proof of Insurance Restitution on a Criminal Case
Charlie explains the process of demonstrating to prosecutors that insurance has covered restitution for property damage in a criminal case.
FAQs
Q: What happens when there's damage to property during an arrest?
A: The prosecutors will want to make sure any damage (also called "restitution") is covered by the defendant.
Q: Whose insurance covers the damages?
A: Typically, the insurance coverage comes from the defendant's insurance policy. If there is no insurance coverage, then the defendant can pay with cash/money order.
Q: How can defendants prove their insurance covered the damages?
A: Defendants should get a letter or email showing the status of the claim - which will say how much was paid by the insurance and to whom.
Q: What is the process for obtaining proof of insurance coverage?
A: Defendants should contact their insurance company and request a letter or email that shows the status of the claim. The insurance companies are required by law to provide this information. This document should be forwarded to their defense attorney.
Q: What type of damages are prosecutors concerned with?
A: Prosecutors are only concerned with the damage to the property of the "victim" or "complaining witness". They do not care about damage to the defendant's property.
Q: What if the insurance covered all the damage? Will I have to pay other deductible or incidental expenses?
A: Sometimes. Your defense attorney will negotiate these issues with the prosecutor.
Q: I have more questions.
A: No problem. Give us a call at 512-472-1113.