Short

Defendant Charles Michael Short was convicted of driving under the influence of alcohol and causing great bodily injury. The crime occurred while he was driving his employer’s vehicle. As we will explain, the victim restitution order imposed in the criminal action must be offset by money the victim received from the employer’s insurer to settle the personal injury civil action the victim filed against defendant and. the employer. Defendant did not procure the insurance policy, his name was not listed in the policy, and he did not pay the premiums. However, the terms of the policy covered defendant while he drove his employer’s vehicle, and the insurance settlement listed defendant as being released from any claims connected with the collision that caused the victim’s injuries. Therefore, the insurance settlement paid to the victim is deemed to be restitution directly from defendant. (Pen. Code, § 1202.4, subd. (a)(1).)

FACTS

While intoxicated with a blood-alcohol content of 0.29 percent, and driving his employer’s vehicle, defendant Charles Michael Short collided with a car driven by Steven DeClusin. As a result of the collision, DeClusin lost his arm above the elbow…