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Can someone get sued after the court ordered restitution hearing?
I was arrested. It was my 1st offense so I took a plea bargain so I would not go to jail. I was sentenced to do some community service and 2 years probation. After my trial, I had to attend a restitution hearing because I did some damage to someones car.
The court ordered me to pay a negotiated amount of money to the person who owns the car. The amount determined by the court covered the car owners out of his pocket expenses for his insurance deductable and his rental car fees. His out of pocket costs were $1600.00
The actual cost to repair the car was about $15000.00 but the insurance company was not present at my hearing
Now that the restitution hearing is over and I am paying a monthly structured payment, can his insurance company sue me for the actual cost of the vehicle repair? Or did they lose their chance to sue me because they did not appear at my hearing? I am in California.
There is no need for the insurance company to be present at your hearing.
Laws fall into two general categories: civil and criminal. You had a hearing on the criminal side. The insurance company can file a civil suit against you for the same offense.
One of the most recognized examples of this would be OJ Simpson. He was charged with murder in criminal court, and then charged with wrongful death in a civil court.
