Does an insurance waiver over rule a judge’s sentence of restitution?

UPDATED: Sep 30, 2022

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Does an insurance waiver over rule a judge’s sentence of restitution?

I was in an automobile accident. The
person I hit accepted 10,000 from my
insurance and upon receiving the check,
he signed a waiver the forever releases
me from any future monetary
obligations. When being sentenced for
the automobile accident, I was ordered
to pay the difference in damages on the
vehicle I hit. Am I responsible for the
difference in damages even though the
person signed a waiver saying I don’t
owe anymore money?

Asked on February 26, 2016 under Criminal Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The waiver most likely does not bar restitution. That is because restitution in a criminal case is ordered in a case brought by the state, not by the other driver. Since the state was not a party to or signatory of the waiver, it is not bound by the waiver. The judge could choose to use his judicial discretion to not order restitution in light of the waiver, but would have the authority to order it if he choose.

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