Does section 13967, subdivision (c) of the California Motor Vehicle Accident Act exclude insurers from making restitution to the City?

California, United States of America


The following excerpt is from People v. Franco, 19 Cal.App.4th 175, 23 Cal.Rptr.2d 475 (Cal. App. 1993):

Finally, construing the statute to exclude insurers does not lead to arbitrary and capricious results. The direct victim is still made whole, either through insurance or through restitution. The burden inherent in seeking a civil judgment then falls on the insurer, which in most cases is better able to "bear the costs and endure the rigors of seeking civil judgments." (Cf. People v. Downing, supra, 174 Cal.App.3d at p. 672, 220 Cal.Rptr. 225.)

Accordingly, it is reasonable to conclude that under the circumstances present here, the trial court was without authority to order restitution to the City. The fact section 13967, subdivision (c) permits a restitution order to be enforceable as a civil judgment, does not transform the disposal of any and all civil liability into a function of restitution in a criminal case. [19 Cal.App.4th 185] (Cf. People v. Richards (1976) 17 Cal.3d 614, 620,

Page 481

Other Questions


What is the test for determining whether a defendant is liable for a motor vehicle accident under the California Vehicle Accident Act or the California Motor Vehicle Act? (California, United States of America)
Does Vehicle Code section 23558 of the California Vehicle Code provide notice of enhancements to a motor vehicle under Vehicle Code Section 12022.7? (California, United States of America)
Does the phrase "as a result of" in a motor vehicle accident apply to a section of the Motor Vehicle Accident Act? (California, United States of America)
Does section 3110 of the Ontario Motor Vehicle Code of Civil Procedure (Motor Vehicle Accident and Accident Benefits Act) apply to a mechanic's lien claimant? (California, United States of America)
Is an employer's claim for reimbursement under section 3852 of the California Motor Vehicle Accident and Accident Compensation Act limited to recovery for damages proximately caused by the accident? (California, United States of America)
Can a plaintiff bring an action under the California Motor Vehicle Accident Prevention Act for damages arising out of a motor vehicle accident? (California, United States of America)
Does Section 11580.1 of the California Motor Vehicle Licensing Code require an endorsement to exclude an insured from coverage of uninsured motorist's insurance? (California, United States of America)
Is a motor vehicle insurance policy that includes a policy of insurance that includes uninsured motorist coverage precludes stacking of uninsured motor vehicle coverages? (California, United States of America)
Does a "driver" for purposes of Vehicle Code section 20002 include an owner of a vehicle involved in a accident when the owner is also a passenger in the vehicle at the time of the accident? (California, United States of America)
What is the impact of section 6146 of the California Motor Vehicle Accident Benefits Act on insurers? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.