Claiming Restitution (Out-of-Pocket Expenses)
Restitution is the court-ordered payment of out-of-pocket expenses incurred by a victim for damages stemming from a traffic accident, property damage, and/or personal injury incidents. Such expenses can include medical and counseling expenses, car repairs, insurance deductibles, loss of income, expenses reasonably incurred in obtaining ordinary and necessary services that the victim would have performed if not injured, and expenses reasonably incurred in attending court proceedings related to the commission of the criminal offense.
To claim restitution, documentation for a claim must be timely submitted to our office. For example, if a claim has been or will be covered by medical insurance or vehicle insurance, documentation showing the amount of the deductible or co-payment is required. This information is listed on an insurance policy Declarations Page that your insurance agent can provide to you if you are unable to locate it. If your insurance company is seeking restitution, it will need to submit a separate claim to our office. In addition, a victim’s appearance and testimony under oath at a hearing may be necessary especially if the restitution is contested by the Defendant.
If the cost to repair the car exceeds the value, a fair retail value of the vehicle will be required and can be obtained by checking Kelly Blue Book or NADA. If there was additional property damage, an estimate or actual cost of repair should be included in your documentation.
Please know the Billings City Attorney’s Office does not represent individual citizens or businesses. As the prosecutor, our office will assist in making requests to the Court to order reasonable out-of-pocket expenses.
If restitution is ordered, Billings Municipal Court administers receipt of restitution payments. You should be aware you will most likely not recover a lump sum payment immediately. Typically, the Defendant will enter into a time payment agreement with the Court and make monthly payments to the Court. The Court will then disburse payments to victims. For questions, concerns, or to update your contact information, Billings Municipal Court can be contacted at (406) 657-8490.