Even if you receive a settlement in your civil case, you may still be able to receive an additional award of restitution in the criminal case, for things not covered by the offender’s insurance policy. The purpose of a restitution order is to decrease the financial burden caused by the crime and to preserve the individual dignity of victims.
Colorado’s restitution law requires that in every conviction for a felony, misdemeanor, petty or traffic misdemeanor offense, (this would include an automobile accident), that the court shall either award restitution to the victim or make a specific finding that no victim of the crime suffered a loss. Restitution is an order of the court by which offenders are held accountable for the financial losses they cause to the victims of their crimes. A victim may be any individual or an entity directly and immediately aggrieved by the offender’s negligent or criminal conduct.<