How insure the payment of restitution?

About 7 years ago, my son was hit by a drunk driver. The driver was driving a vehicle registered to his father but it was not insured, nor did the driver have a driver’s license. The driver was convicted of felony DUI and is to pay my son restitution of over $50,000 to cover medical expenses and the loss of his vehicle. Since the vehicle was registered to the father, who is a homeowner, can a lien be placed on his house to insure my son will someday be repaid the restitution?

Asked on November 12, 2012 under Bankruptcy Law, California


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, you can place a lien on the home of the registered owner of the vehicle.  The registered owner of the vehicle is liable for your son's property damage and personal injury claims.  The registered owner of the vehicle is liable even though he wasn't present at the scene of the accident.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.