5684

In addition to the penalties imposed on the driver for the violation committed under the provisions of this chapter, the court shall fix a reasonable amount for the payment of damages.\nThe payment of damages consists of the obligation imposed on the driver by the court to pay the injured party an amount in compensation for the damages and losses caused to the property of the latter as a result of the delinquent act.\nSaid payment shall be fixed to be paid in cash or by the transfer of assets equal to those destroyed or damaged, or by direct repair of the damages. The amounts thus paid or the assets transferred shall be deducted from the amounts the court may impose as judgment in case a suit for damages should arise from the facts. The payment of damages authorized by this section does not include bodily injuries and mental anguish and suffering.\nNo payment for damages shall be imposed in those cases whereby the driver is able to prove to the court that he/she holds a public liability policy that covers the damages caused by him/her, or that the victim has already been compensated.\nThe sentence shall be executed by imposing the payment of damages authorized by this section as

ity policy that covers the damages caused by him/her, or that the victim has already been compensated.\nThe sentence shall be executed by imposing the payment of damages authorized by this section as if it were a judgment entered in a civil case ordering the payment of money as established in Rule 176 of the Rules of Criminal Procedure of 1963, App. II, Title 34.\nHistory —Jan. 7, 2000, No. 22, § 24.04, renumbered as § 23.04 on June 3, 2004, No. 132, § 17, eff. 8 months after June 3, 2004.