MONEY PAID TO VICTIM IN DUI/GREAT BODILY INJURY CASE

In a case decided March 4, 2008 by the Third District Court of Appeal entitled People v. Short, the court of appeal decided that money paid to the victim for restitution as a result of a DUI involving great bodily injury must be offset by any money paid to that victim as a result of a personal injury settlement. In this case, the Defendant, Short, was convicted of causing great bodily injury while driving under the influence. The crime occurred while Short was driving his employer's vehicle. The victim filed a personal injury civil action against Short and his employer. To settle that lawsuit, the employer's insurer paid the policy limits of two insurance policies totaling $3 million dollars, and the victim entered into a settlement with Short and his employer. The third district court of appeal found that any money that the criminal court ordered Short to pay for restitution to the victim as a result of the DUI with great bodily injury had to be reduced by the amount of thes ettlment. The terms of the insurance policy covered Short while he drove his employer's vehicle, and the insurance settlement listed Short as being released from any claims as a result of the accident. The insurance settlement was viewed by the Court of Appeal as coming directly from the defendant.

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