How does restitution work? First of all, restitution is payment for whatever crime you may have committed. For example, if you stole a car, in Florida, and wrecked it, you'll have to pay for the fair market value of the car. That DOES NOT mean you have to pay for the car when it was new. And it doesn't mean you have to pay more than whatever insurance covered. If you stole and wrecked a 1990 Ford Escort, you'd have to pay whatever insurance didn't pay for the car, which usually means the $500 deductible the person had on their insurance.
However, if the person didn't have insurance, you'll be responsible for the amount the car was worth. If you have a lawyer worth anything, they'll look at the Kelly Blue Book Kelly Blue Book and see how much the car was worth.
That doesn't mean the victim won't come into court and say the car was worth $10,000 because they had new rims and a stereo - they will. In my experience, victims always claim whatever was stolen is worth more than it actually is. But remember, the legal standard is fair market value, and they can't double dip. Meaning if insurance already paid them, you only have to pay the deductible. And if you can't pay, the State of Florida has a Victim's Crime Compensation Fund where victim's can apply for help.
