November 2014

Uninsured/Underinsured Motorist Claims

California’s Uninsured Motorist Act (Insurance Code Section 11580, et seq.) requires that every automobile liability insurance policy include uninsured and underinsured motorist coverage, a type of bodily injury insurance designed to compensate the insured for damage inflicted by a financially irresponsible motorist. Underinsured motorist coverage applies when bodily injury is caused by an “underinsured motor vehicle” – a vehicle that is insured, but in an amount less than the uninsured motorist limits carried on the injured person’s vehicle (Insurance Code Section 11580.2(p)(2)).

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Are There Time Limits on Victim Restitution?

The California Supreme Court recently depublished two appellate decisions on whether a victim can still seek restitution from a criminal defendant after that defendant is off of probation.

People v. Ford had held that criminal restitution could be sought even after a criminal defendant was off of probation.

People v. Hilton had found that unless a court reserved jurisdiction then jurisdiction is lost upon termination of probation.

The California Supreme Court will likely decide the issue within the next year.

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