A new case interpreting RCW 9.94A.753(3) has just been released by Division I and addresses restitution to insurance companies. This is likely to be something Prosecutors needs to be aware of for impaired driving / vehicle collision related cases. We've seen public defense routinely ask to exclude insurance companies from restitution orders based on the Statute. Division I has just clarified the findings required to support such a motion, including consideration of future ability to earn wage/pay restitution. 

Restitution – Before waiving restitution to an insurance company under RCW 9.94A.753(3), a trial court must find both that the defendant does not have a current ability to pay and that the defendant will likely not have a future ability to pay.  Here, because the defendant had no physical or mental debilitation that would prevent work in the future, the court did not err in ordering restitution to the insurance company.  State v. Morgan, No. 86639-7-I (Dec. 29, 2025, Published in part).