Dui rental car wreak and restitution

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Dui rental car wreak and restitution

I was in a car wreak and was cited for DUI my case has taken over a year and a half and is finally wrapping up. At the last minute I am ordered to pay restitution to the car rental company for damages. My personal car insurance company paid for damages and the rental car company wants more money. Is this legal?

Asked on November 22, 2016 under Criminal Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The problem for you is that there are two different court systems: civil--for lawsuits and settlements--and criminal--for punishing crimes and other offenses. Criminal court is largely independent of what happends in a non-criminal setting or context.If you were ordered to pay restitution by a municipal court or a county court (i.e. in a case where the other party is "the state" and not in a case where a lawsuit was filed by a private business or person), then that court does NOT have to consider the "civil", or noncriminal, settlement or payments of any amounts, including by an insurer. Restitution looks like repaying someone, but its really a criminal punishment, like a fine or jail time; it can be ordered even if the party injured has been paid by insurance.


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