# Restitution

> Restitution is money a criminal court orders an offender to pay a victim for losses from the crime. How it differs from a civil claim after a DUI crash.

Canonical page: https://accidentclaimfacts.com/glossary/restitution/  
Last reviewed: October 29, 2026 by the Accident Claim Facts editorial team  
General information, not legal advice. Talk to a licensed attorney in your state.

## Quick answer

Restitution is money a criminal court orders a convicted offender to pay the victim for losses the crime caused, such as medical bills, lost wages or property damage. A judge orders it as part of the sentence or as a condition of probation. It is separate from a civil injury claim.

## In a car accident claim

Restitution comes up when a crash is also a crime, such as drunk driving or a hit-and-run. It covers money you lost or spent; a California court guide for victims says nonfinancial losses are usually not covered, and pain and suffering is not part of it. The same guide says victims keep the right to sue the offender in civil court for losses restitution does not cover.

Restitution is also different from state crime victims' compensation funds, which pay some costs directly. In Texas, for example, the fund covers crimes including failure to stop and render aid, driving while intoxicated, intoxication assault and intoxication manslaughter, among other listed offenses, and it acts as the payer of last resort, paying only after other sources. The guides to [drunk driver accidents](https://accidentclaimfacts.com/accidents/drunk-driver-accidents/) and [hit-and-run accidents](https://accidentclaimfacts.com/accidents/hit-and-run-accidents/) explain how the criminal case and the insurance claim run side by side.

## Example

> **Example:** A drunk driver injures another driver and pleads guilty. The criminal court orders restitution for the victim's out-of-pocket medical costs and missed paychecks. The victim's separate injury claim against the drunk driver's insurer can still seek pain and suffering, which restitution does not cover.

## Related terms

- [Damages](https://accidentclaimfacts.com/glossary/damages/)
- [Punitive damages](https://accidentclaimfacts.com/glossary/punitive-damages/)
- [Tort](https://accidentclaimfacts.com/glossary/tort/)

## FAQ

### Is restitution the same as a settlement?

No. Restitution is ordered by a criminal court as part of a sentence. A settlement is an agreement in a civil claim, usually paid by the at-fault driver's insurer.

### If insurance already paid, can you still get restitution?

The California guide says the court will not reduce restitution because insurance paid, but you may be asked to repay your insurer for the same loss. Rules on restitution and insurance differ from state to state.

## Sources

- [Judicial Council of California, Restitution Basics for Victims of Crimes by Adults](https://www4.courts.ca.gov/documents/restitution_basics_adult_web.pdf) — what restitution covers, pain and suffering, insurance payments and civil suits
- [Cornell Law School, Legal Information Institute, Restitution](https://www.law.cornell.edu/wex/restitution) — restitution ordered as part of a criminal sentence
- [Texas Legislature, Code of Criminal Procedure art. 56B.003(4)](https://statutes.capitol.texas.gov/Docs/CR/htm/CR.56B.htm), checked October 29, 2026