If I was convicted of aggravated assault and ordered to pay $9,000 in restitution, can I be mde to pay if my victim’s hospital bills were covered by his insurance?

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If I was convicted of aggravated assault and ordered to pay $9,000 in restitution, can I be mde to pay if my victim’s hospital bills were covered by his insurance?

Asked on November 29, 2012 under Criminal Law, Ohio

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Some states do allow this type of restitution.  Ohio, however, only allows the courts to order restitution for the victim's actual expenses.  The status of the restitution and the insurance payment at the time of sentencing will control.  At the time of sentencing, if the victim had to pay the $9000 or was obligated to be out $9000, then the judge court order restitution in that amount if the insurance company had not paid on those amounts.  If the insurance company had already paid the $9000.00 in restitution to the victim at the time of sentencing, then the court could not order restitution for that amount. 

The exception to this rule is by agreement.  If you agree to pay the $9000.00 to the third party insurance company in exchange for a better deal, then the courts can honor and enforce that agreement.   


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