Legal Question in Criminal Law in California

Long story short. I was charged with battery after an altercation with my now ex wifes boyfriend. Case has been settled. He has submitted some $6,000 in expenses. When confronted about it, he claimed his insurance subrogation department wanted the money back since he wasn't at fault for the injuries. I have a restitution hearing in a few months regarding his direct expenses. I would assume if the insurance company wants their money back, they would come after me civilly and not try to ride on his restitution case. I am aware he has zero deductible zero copay insurance and incurred zero out of pocket expense and refused medical attention when asked by the police following the incident. Just want to know if he is continuing to play games or if there is merit to the claim


Asked on 11/17/10, 7:02 am

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Either he or his medical insurance carrier is entitled to ask the judge to order restitution. You are not entitled to take advantage of his having medicalinsurance. If he had none,you would have to pay the medical bills, so if he is smart enough to have insurance coverage, for which he pays premiums [at least indirectly by a lower wage], why should you be able to take advantage of it. That is the result in civil cases. He may have transferred his right to recover to the insurance company, which would permit them to ask directly for restitution. So he is not playing games.

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Answered on 11/22/10, 8:52 am


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