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Thelawman2
Thelawman2, Attorney
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Experience:  Attorney-at-Law
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my daughter was at fault in a car accident involving ankle

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my daughter was at fault in a car accident involving ankle injury to a person in the other car. she went to court and got a $300 fine and 50 days community service. we have insurance with state farm which covers auto and medical expenses. they got a claim package from the victims attorney I assume for medical and loss of income. my daughter just received another notice from the court to appear for a restitution hearing. She thought she was done with courts. What could it be about?

Thelawman2 :

The restitution hearing is to determine the amount to be paid to the injured party. The insurance company may have received a claim package from the victims attorney; however, the insurance company may be disputing the amount. As a result, there would need to be a restitution hearing to determine the proper amount of damages. Your daughter is probably being called as a witness.

Thelawman2 :

The court may order you to pay restitution to reimburse another party for lost wages, rental car expenses, medical treatment, and insurance deductibles. You have the right to a hearing in court, where the judge will hear evidence about alleged expenses and costs.

Thelawman2 :

If you are charged with a COLORADO STATE law violation, the prosecution has a duty to demand restitution on behalf of the victims of an accident. Restitution means any pecuniary loss caused by the defendant’s criminal acts.

Customer:

so the insurance company should take care of the payment right?

Thelawman2 :

Correct, unless for some reason the restitution amount was over the insurance coverage

Thelawman2 :

Then you would cover the difference

Customer:

ok I thought this was a hearing to demand money from my daughter

Thelawman2 :

No it is to figure out the damage from the car accident

Customer:

thank you very much I feel a lot better now

Thelawman2 :

You can call your car insurance to get further information. They can prepare you for what will go on during the hearing. They most likely will want to work closely with you since you have the same interests

Thelawman2 :

You are welcome, please remember to provide positive feedback.

Customer:

I was planning on calling them monday but wanted to get some answers first

Thelawman2 :

Okay sounds good.

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