What to do if I was ordered to pay restitution and just found out that the person collecting this resitution also may have collect on her homeowners insurance?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if I was ordered to pay restitution and just found out that the person collecting this resitution also may have collect on her homeowners insurance?

I was told she could only do one or the other because if she did both, she would be getting paid double. However, it seems as though that is exacty what she did. Is this legal and, if not, does this mean that I shouldn’t have to pay restitution anymore since she already got her money?

Asked on November 7, 2012 under Criminal Law, Pennsylvania

Answers:

W. Charlton Allen / Charlton Allen & Associates, P.C.

Answered 8 years ago | Contributor

As a rule, in Georgia, you can file for a sentence modification and bring the proof of the receipt of insurance funds. The judge will usually order that the restitution is not due in full, but only to the extent that the insurance did not cover it. The victim is not entitled to benefit unjustly. They are only entitled to be "made whole."

Richard Bryans / The Bryans Law Office

Answered 8 years ago | Contributor

Generally speaking, double recovery is illegal.  Usually, a judicial award of money exceeding the actual measure of damage or loss must be specifically provided by statute or rule in the jurisdiction of occurrence.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption