What is the law regarding restitution for property not belonging to a victim?

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What is the law regarding restitution for property not belonging to a victim?

My son was in a car accident that was intentionally caused by another party. The other party was jailed and charged with assault with a deadly weapon with intent to kill. The car was in my name and because the other party’s insurance company hasn’t accepted the claim yet I filed it on my collision coverage. My

son goes to court next month and I want to know if he can ask for the down payment for the car and the amount left over with my finance company after payment from my insurance company. Can he ask for this even though the car was in my name?

Asked on June 13, 2018 under Criminal Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, he cannot ask for restitution for another person's property. In addition, bear in mind that restitution is often not granted in any case, since the primary purpose of criminal law is to uphold the laws, not to provide monetary compensation. Your recourse, if you believe that there are amounts you are entitled to which are not paid by your insurance, is to sue the at fault driver (and/or the owner of his car, if that is a different person) for those amounts.


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