vehicular manslaughter without gross negligence

[nijiz]

What is the name of your state (only U.S. law)? CA

I was involved in a car accident last year. Unfortunately, the motocycle rider passed away a month after the accident and I am now being charged with vehicular manslaughter without gross negligence. I am going to plea guilty to get this over with. And the court will order me to pay an undecided amount of restituition. I read somewhere else, if the other party (the deceased parents) has already signed release of all claims with my insurance company, I should not need to pay restituition anymore. Is it right for the court to still order me to pay restituition. Is the restituition going to be total expense minus insurance paid? I believe my insurance doesn't cover all the expenses the other party has endured, and I do feel obliged to pay all i can afford.

[ecmst12]

DO NOT PLEAD GUILTY WITHOUT A LAWYER. DO NOT AGREE TO ANYTHING WITHOUT REPRESENTATION!

Was that loud enough?

[nijiz]

Originally Posted by ecmst12

DO NOT PLEAD GUILTY WITHOUT A LAWYER. DO NOT AGREE TO ANYTHING WITHOUT REPRESENTATION!

Was that loud enough?

I have a lawyer, and she seems to agree with the restituition part. I am just trying to see if there's something about the release of all claim part she doesn't know about.

I was insured with AllState

[ecmst12]

Tell your lawyer about the release. I have a feeling that the release prevents them from suing you, but does not prevent a court from ordering restitution. I assume your insurance paid out the policy limits which were not nearly high enough to compensate them for their loss.

[nijiz]

Originally Posted by ecmst12

Tell your lawyer about the release. I have a feeling that the release prevents them from suing you, but does not prevent a court from ordering restitution. I assume your insurance paid out the policy limits which were not nearly high enough to compensate them for their loss.

Yes, the insurance paid out the policy limits. I am also wondering how the court determines such restitution. And when they do, do they consider the defendent's ablility to pay.

[ecmst12]

What were your policy limits? The court would determine restitution based on the financial harm that the family is experiencing due to the death - loss of income etc. I am not sure if punitive damages would come into play or not. I am pretty sure your ability to pay has nothing to do with it.