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Accident with DUI charges

Altoona, PA |

Had a combination dui with accident to a parked car. My insurance company has paid to have my car fixed and has settled with the other parties insurance company regarding their car. Will I have to pay the insurance company back via restitution or otherwise, or is it covered like a typical accident would be?

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Attorney answers 3


Case law permits the insurance company to seek reimbursement for insurance paid to a victim. It is suggested that you retain a criminal defense attorney to represent you. There are many options tat must be explored including a first time offenders program if you qualify.


Mr. Keller is spot on. You must contact an attorney who is experienced in both criminal defense as well as insurance law. Also, make sure that you have your policy ready for the attorney to review. Your policy may very well, dictate what reimbursement, if any, may be due.


A recent court case suggests that *your own insurance company* is a "victim" of a DUI crash, and that they are entitled to restitution from you for costs they pay out as a result of the offense. If your insurer makes victim compensation claim, then they will be entitled to recover those costs from you.

This is a really harsh situation, but the Pennsylvania Superior Court discussed it last year in Commonwealth v. Stradley at 2012 PA Super. 162. I attached a link to the decision to this answer.

I do not represent you. You should hire an attorney. Only after meeting you and talking to you during a review of your case can a solid assessment be made of the case and any likely outcome. Do not rely on my advice unless you hire me.

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