State v. Gastiaburu

Proof of how much is paid in medical bills by an insurer is not enough by itself to sufficiently prove that the amount paid is reasonable for determining restitution.

Defendant appealed the trial court's award of restitution. Defendant claimed that the evidence of medical expenses paid by the victim's insurer was insufficient to justify the award of restitution. Defendant argued that the State failed to introduce evidence to prove that the charges were reasonable. The State argued that the award of restitution was reasonable because the expenses that were paid were below the total amount billed, which demonstrates that the expenses were at market rates. Proof of how much is paid in medical bills by an insurer is not enough by itself to sufficiently prove that the amount paid is reasonable for determining restitution. The Court held that the evidence was insufficient to justify the restitution award. The Court reasoned that the amount paid by the insurer, alone, was not enough to establish is was a reasonable amount. Furthermore, it was irrelevant that the amount paid by the insurer was below the total amount billed. This was insufficient to prove that the amount was reasonable. Reversed and remanded.