[amerikanzero]

I was involved in an automobile accident in which my friend was killed. I was charged with involuntary manslaughter and to pay a restitution of approx. $30,000 to cover the expenses that his family incurred. They did not sue nor did they ask for any recourse citing the fact that we were friends and they believed it was an accident. My insurance covered the total cost of all expenses (which was the total for the restitution) and therefore the restitution from what I was told. I consulted with an attorney and we wrote a letter which included proof of payment to the family and submitted it to my probation officer and to the DA in Wyoming where I was sentenced. This was back in 2008. It's a bit foggy but from what I recall they stated that it was paid in full and that I did not owe the restitution since it was paid by my insurance. I never heard anything else and my PO never asked for any money to be submitted. I recently received a letter from the financial litigation unit stating that I still owe the entire balance and that they will seek necessary remedies to collect said balance. I am confused. Any thoughts on what happened and what course of action I need to take? Any help would be appreciated.

[ebaines]

Consult with your attorney again, and ask what this is about. You say the letter is from "the financial litigation unit" - what is that? Also, if the accident was 13 years ago, yet your insurace company paid in 2008 - did it really take 11 years for them to pay up?

[amerikanzero]

No sir... the insurance company paid them in 1998, sorry for the typo. The letter that I received was from the US district atty. District of Wyoming. It was signed by a member of the financial litigation unit.

[ebaines]

It sounds like either the restitution that you were ordered to pay was not covered by your insurance company, or the state of WY has messed up records. Go back through your records of the incident and see if you can find the exact amount you were ordered to pay as restitution and the amount that was actually paid by your insurance company. Also, as I suggested earlier, contact the attorney and see if he has any records that can shed light on what was paid, when, and by whom.

[excon]

Hello a:

They may have paid him under other provisions, but I've never heard of an insurance company paying a criminal restitution... So, I doubt it has been paid...

However, the claim from the state, seems to me, is long past the statute of limitations for collecting... But, it depends on LOTS of things... You need a lawyer. Maybe a letter from him might nip this in the bud

excon

[amerikanzero]

Hey ex,

From my understanding of the whole thing is that my restitution was for the amount that was paid out by my friends parents, i.e. the $30,000 which included the hospital and burial services. My insurance had paid them the exact amount.

[excon]

Hello again, a:

If that's so, then there's a record of it. You need to get it and submit it to the state...

excon

[amerikanzero]

2010 Wyoming Code
Title 7 - Criminal Procedure
Chapter 9 - Victim Restitution
7-9-103. Determination of amount owed; execution.
... continued on next comment...

[amerikanzero]

(f) The defendant shall be given credit against his restitution obligation for payments made to the victim by the defendant's insurer for injuries arising out of the same facts or event.

I found that while doing some research. Any thoughts?

[excon]

Hello again, a:

Ok, Wyoming let's you do it... Cool.. IF it was done, there's a RECORD of it. Get the record.

excon

[amerikanzero]

It was so long ago and I was a dumb kid. Thirteen years seems like a lifetime ago. I guess I need to try and find out who my insurance carrier was back then and get that info. They should have all the records still, correct?

[excon]

correct?

Hello again, a:

Correct.

Exco

[Fr_Chuck]

Yes, you will have to prove it all over again, some records need to be keep forever