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.