restitution order
Not a traffic fine, court surcharge, or private settlement, a restitution order is a criminal court directive requiring a defendant to repay a victim for actual financial loss caused by the offense. It is narrower than a civil damages award: the court does not compensate pain and suffering, future losses, or every consequence of an injury. In New York, restitution is authorized by Penal Law § 60.27 and is typically imposed at sentencing. The amount must be tied to the victim's out-of-pocket loss and supported by the record; if disputed, the court can hold a hearing under CPL § 400.30.
Practically, a restitution order can cover items such as unreimbursed medical bills, lost property, towing costs, or wages lost because of the crime. After a DWI crash, that may matter when emergency treatment follows a Long Island Expressway pileup during a nor'easter or a lake-effect collision on I-90. The order becomes part of the criminal sentence, and nonpayment can trigger enforcement measures.
For an injury claim, restitution helps but does not replace a civil case. It does not provide non-economic damages such as pain and suffering, and it does not eliminate no-fault rights under New York Insurance Law §§ 5102-5104. If a victim later sues, the defendant usually receives credit for amounts already paid under the restitution order to prevent double recovery.
We provide information, not legal advice. DUI laws change and every arrest is different. An experienced DUI attorney can evaluate your specific situation at no cost.
Get DUI help today →