In need of advice regarding a restitution hearing after an accident

[lvi]

What is the name of your state? California

Hi!

If you could please adce me on the following, I would greatly appreciate it!

My 1999 Honda Accord was rear-ended while parked on a meter in front of my house.

I filed a claim with my insurance company and had my car repaired. My insurance paid for the repairs minus $500 deductible, at first. Later, after they had recovered money from the responsible party's insurance company, they paid me my $500 deductible, as well.

Here comes the tricky (at least, for me) part. The other vehicle's owner was in the vehicle at the time of the accident, but was not driving. Another person, who was arrested at the scene for DUI, had been driving.

Now, I get a letter in the mail saying that the driver (not the insured owner) was covicted of a misdemeanor offense, and that I should appear in court for a restitution hearing.

My first question is whether I must to the hearing go or not. Since my insurance to recover the damages went after the other car owner's insurance (AAA), and not after the now convicted driver's insurance(which I don't even know if he had one), can AAA come after me to recover their cost if I don't go to the hearing?

Or maybe I am confused, and AAA IS responsibe, disregarding who was driving, the insured owner, or another person with the owner's permission?

My second question: my vehicle was repaired, but it is not at all what it was before the accident. If I want to sell it, it's value as a repaired after-accident car wold be a lot less than it would have been if there was no accident. Can this difference in the value be recovered at the restitution hearing?

Thank you so much for all your help and advice!

 

[I AM ALWAYS LIABLE]

What is the name of your state? California

Hi!

If you could please adce me on the following, I would greatly appreciate it!

My 1999 Honda Accord was rear-ended while parked on a meter in front of my house.

I filed a claim with my insurance company and had my car repaired. My insurance paid for the repairs minus $500 deductible, at first. Later, after they had recovered money from the responsible party's insurance company, they paid me my $500 deductible, as well.

Here comes the tricky (at least, for me) part. The other vehicle's owner was in the vehicle at the time of the accident, but was not driving. Another person, who was arrested at the scene for DUI, had been driving.

Now, I get a letter in the mail saying that the driver (not the insured owner) was covicted of a misdemeanor offense, and that I should appear in court for a restitution hearing.

MY RESPONSE: You have a contractual duty, pursuant to your auto policy, to cooperate with your insurance company in assisting them to regain all money that your insurance company paid to you. Want to be sued for breach of contract?





My first question is whether I must to the hearing go or not.

MY RESPONSE: Yes, you must. See answer above.




Since my insurance to recover the damages went after the other car owner's insurance (AAA), and not after the now convicted driver's insurance(which I don't even know if he had one), can AAA come after me to recover their cost if I don't go to the hearing?

MY RESPONSE: Yes. If your testimony is necessary to prove that your insurance company was damaged, and you failed to attend the hearing, then your insurance company can sue you for breach of contract. You will also be black-listed from ever being able to buy insurance - - except at EXTREMELY HIGH rates.



Or maybe I am confused, and AAA IS responsibe, disregarding who was driving, the insured owner, or another person with the owner's permission?

MY RESPONSE: AAA is responsible because their insured allowed someone else to drive the insured vehicle. See the "Permissive Use" statutes.



IAAL

 

[lvi]

I AM ALWAYS LIABLE, I really appreciate your reply!

I feel that I need to clarify some points.

The letter about the restitution hearing came from the Office of the City Attorney, and not from my insurance company. So, it's not like my insurance is mandating me to go to the hearing.

The letter says to bring any bills and receipt "ONLY for losses that are NOT COVERED BY YOUR INSYRANCE."

AAA is the responsible party insurance, not mine.

Do your responses still stand in light of these clarifications?

 

[I AM ALWAYS LIABLE]

I AM ALWAYS LIABLE, I really appreciate your reply!

I feel that I need to clarify some points.

The letter about the restitution hearing came from the Office of the City Attorney, and not from my insurance company. So, it's not like my insurance is mandating me to go to the hearing.

The letter says to bring any bills and receipt "ONLY for losses that are NOT COVERED BY YOUR INSYRANCE."

AAA is the responsible party insurance, not mine.

Do your responses still stand in light of these clarifications?

My response:

Your insurance company paid you, however. If you don't go to the hearing, you're going to receive a Subpoena anyway. You'll be testifying concerning the fact that you were, in fact, damaged - - not necessarily that you've been reimbursed. The City Attorney needs to prove that someone sustained damages - - and that person is you. If you don't go, then you're allowing a drunk to "get out of jail free", and getting off on a "technicality". You don't want that to happen, do you?

So, you're going to be going, one way or the other.

IAAL

 

[lvi]

My response:

Your insurance company paid you, however. If you don't go to the hearing, you're going to receive a Subpoena anyway. You'll be testifying concerning the fact that you were, in fact, damaged - - not necessarily that you've been reimbursed. The City Attorney needs to prove that someone sustained damages - - and that person is you. If you don't go, then you're allowing a drunk to "get out of jail free", and getting off on a "technicality". You don't want that to happen, do you?

So, you're going to be going, one way or the other.

IAAL

Thank you very much, IAAL!

You said: The City Attorney needs to prove that someone sustained damages - - and that person is you.

Hasn't this already been proven by the fact that my insurance paid me and was able to recover their costs from the responsible party's insurance?

The letter sounds like they want me to come to court only if I want restitutions, or only if I have losses not covered by the insurance. Am I wrong?

Besides the fact that all my documented losses have been paid for by my insurance, the other reason I would rather not go to the hearing, is that I would have to miss a day of work. The court will not reimburse me for that, will it?


Here's a full text of the letter:

Office Of The City Attorney

Dear lvi,

The defendant in the above-referenced case has been convicted of a misdemeanor offense in which you were named as a victim. There will be a hearing to determine the appropriate amount of restitution to be paid by the defendant to you, subject to the defendant's ability to pay. If you wish to provide evidence of the amount of damage done to your property, your medical expenses, or other losses related to this case, YOU MUST APPEAR IN COURT AND BRING YOUR BILLS OR RECEIPTS.

Please appear for the hearing in Division XX of the Superior Court of California, County of xxxxxx, located at xxxxxxx at x:xx a.m. on xx/xx/xxxx. PLEASE BRING THIS LETTER WITH YOU. (PARKING ATTENDANTS - THIS LETTER IS ISSUED IN LIEU OF A SUBPOENA). PLEASE REPORT TO THE DEPUTY CITY ATTORNEY WHEN YOU ARRIVE IN COURT.

If for any reason you cannot appear in court on that date and time, please contact this office as soon as possible at xxx-xxx-xxxx between x:xx-x:xx or x:xx-x:xx.

WHAT TO BRING TO THE RESTITUTION HEARING

Please bring the following items with you when you come to court:

1. At least three (3) estimates of the damages to your
vehicle or property. If you have already made repairs or
sold the vehicle, bring the RECEIPTS and PROOF of ownership.

2. Photographs of your vehicle or property before and after
the accident (if possible).

3. Any bills or receipts in connection with this accident,
whether paid or not paid; such as: towing charges, car
rental, lost wages (documented by your employer), medical
bills. ONLY losses that are NOT COVERED BY YOUR INSURANCE.

4. Any out-of-pocket loss that was caused by this accident
must be documented or it will not be considered by the
court.

5. IF YOU DO NOT HAVE ANY LOSSES OR DO NOT WANT
RESTITUTION, PLEASE CALL THIS OFFICE TO AVOID HAVING TO APPEAR IN COURT.

I greatly appreciate your help, IAAL!

 

[I AM ALWAYS LIABLE]

My response:

Okay, call the number and follow instruction #5.

IAAL

 

[lvi]

My response:

Okay, call the number and follow instruction #5.

IAAL

I'm sorry if I'm annoying you, or taking up too much of your time, IAAL. You are providing great service to people by dedicating your free time to answering legal questions here, on this forum. I greatly appreciate that!

Do you mean that if I "follow instruction #5", the court would be satisfied with that, and would not issue a Subpoena for me to appear there anyway? Or, do you still, after reading the letter. think that they will issue the Subpoena?

 

[I AM ALWAYS LIABLE]

I'm sorry if I'm annoying you, or taking up too much of your time, IAAL. You are providing great service to people by dedicating your free time to answering legal questions here, on this forum. I greatly appreciate that!

Do you mean that if I "follow instruction #5", the court would be satisfied with that, and would not issue a Subpoena for me to appear there anyway? Or, do you still, after reading the letter. think that they will issue the Subpoena?

My response:

All you have to do is call the number. They'll tell you.

IAAL

 

[lvi]

Thank you, IAAL!

 

[alchemist]

You forgot about your second question.....the diminished value part.

I know IAAL or someone will probably rip into me but anyway.

I'm not sure about CA law, but I would ask someone as to if you can get a diminished value payment out of the drunk driver (unless you were already compensated by the ins co).