Q&A: Section 1542 of California Civil Code Regarding Releases

Question:

I was in a auto accident and a all parties signed a release in full of claim. I was talking to my probation officer and was told i have a restituion fine now.I was wondering doesnt the release in full claim and payment received by the parties from my insurance cover my restituion?Otherwise the parties will be getting paid twice????

Answer*:

Well, the short answer seems to be that, if they were fully compensated by the settlement, there shouldn’t be any “restitution” ordered. The Criminal Courts I believe would not be bound by a civil settlement but, again, if they have been paid, and “restitution” would be a double recovery, the criminal courts would likely not order it. It would be unfair and not what “restitution” is designed to accomplish.

I hope this helps and wish you the best with this troubling situation. 

Trial Specialist Gregory G. Brown is a partner in the Irvine, CA business and divorce litigation firm of Brown & Charbonneau, LLP.

*Since a great deal of information would need to be analyzed for a complete legal evaluation, this answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice