January 26, 2012

Injured in a DUI? Understand the Difference between the California Victim Compensation Program and Victim Restitution

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Victims who are injured in a DUI are entitled to compensation for their losses, such as hospital bills, car damage, loss of wages, etc. But the money to repay these losses comes from two different sources –the offender or the California Victim Compensation Program.

The California Victim Compensation Program is a state fund program that is designed to provide compensation to victims of violent crimes, including driving under the influence, for unreimbursed physical injuries associated with the crime. This compensation is available for victims and their immediate family members who suffer injury, threat of injury or death from drunk driving. If the victim suffers emotional damage…and requires therapy as a result…those expenses may also be approved. The California Victim Compensation Program does not apply to economic damage – those expenses are reimbursed from the DUI offender.

If you are involved in an accident with a driver who is convicted for DUI…and your car is damaged…the court will order the defendant to reimburse you for your damage. If he/she has car insurance, the insurance will cover the expenses. And if not, the judge will order the defendant to make payments directly to the victim. If the defendant is unable to pay, California has a separate fund to reimburse victims for these types of economic damages as well.


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The acronyms DUI, DWI, OMVI and OVI all refer to the same thing: operating a vehicle under the influence of alcohol or drugs. The most commonly used terms are DUI, an acronym for Driving Under the Influence, and DWI, an acronym for Driving While Impaired.
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