Restitution and Car Accidents in Fort Collins Traffic Accidents

Read more about restitution issues with car accidents and how insurance can play a role.

Restitution is generally an important part of any criminal case in Fort Collins and Larimer County. They are especially important in traffic accidents as property damage and injuries are often elements of the case. Restitution is an avenue for the victim to be made ‘whole’ and financially compensated for any costs and expenses related to the car accident. When you have car insurance, that company should be paying for the restitution, at least up to the amounts you have coverage for. However, sometimes judges and DAs don’t want to wait for insurance companies to come to an agreement. Instead, they may come after and order the person charged for the accident to pay thousands of dollars, with no consideration for what insurance should be handling.

Insurance and Restitution in Larimer County, Colorado Car Wreck: What Does the Law Say?

According to the law in Larimer County and across Colorado, C.R.S. 18-1.3-603(8)(a) states:

for a non-felony conviction under title 42, C.R.S., the court shall order restitution concerning only the portion of the victim’s pecuniary loss for which the victim cannot be compensated under a policy of insurance, self-insurance, an indemnity agreement, or a risk management fund.

Also, under C.R.S. 18-1.3-603(8)(c)(I):

a court may not award restitution to a victim concerning a pecuniary loss for which the victim has received or is entitled to receive benefits or reimbursement under a policy of insurance or other indemnity agreement.

This means that if your insurance has not settled, or paid out any claims made, then the judge should not be ordering restitution until the insurance issue has been settled. Restitution matters carry their own strict timelines and often times insurance companies are slower than what the parties involved would like. Judges don’t like closed cases remaining on their docket due to restitution, so often they push the matter forward.

Why You Need a Traffic Accident Attorney for Your Fort Collins Car Accident – Don’t Overpay in Restitution!

If you have been found at-fault for a car accident in Loveland, Fort Collins, or Estes Park, you need someone who is going to look at all possibilities and insurance policies involved to make sure that you are not paying thousands of dollars more than you should be responsible for. You need an attorney versed in restitution law to make sure that you are protected.


If you or someone you love has been ticketed from the result of a car accident, call our expert traffic attorneys at 970-658-0007 to schedule a free initial consultation. Together, we can protect you and your financial future.

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