CHAPTER 2. ADVANCE PAYMENTS IN PERSONAL INJURY AND PROPERTY DAMAGE CASES
IC 34-44-2
Chapter 2. Advance Payments in Personal Injury and PropertyDamage Cases
IC 34-44-2-1
Applicability of chapter
Sec. 1. (a) This chapter applies to an action brought to recoverdamages for:
(1) personal injuries;
(2) wrongful death; or
(3) property damage.
(b) This chapter does not apply to actions in which there is morethan one (1) defendant.
As added by P.L.1-1998, SEC.40.
IC 34-44-2-2
No admission of liability
Sec. 2. (a) An advance payment shall not be construed as anadmission of liability by any person.
(b) Except as provided in section 3 of this chapter, evidence of anadvance payment is not admissible during the trial for any purposeby either plaintiff or defendant.
As added by P.L.1-1998, SEC.40.
IC 34-44-2-3
Reduction of plaintiff's award by amount of advance payment
Sec. 3. If it is determined that the plaintiff is entitled to recover inan action described in section 1 of this chapter:
(1) the defendant may introduce evidence of any advancepayment made; and
(2) the court shall reduce the award to the plaintiff to the extentthat the award includes an amount paid by the advancepayment.
As added by P.L.1-1998, SEC.40.
IC 34-44-2-4
Insurance companies
Sec. 4. (a) An advance payment made by an insurance companyon behalf of an insured does not increase the limits of liability of theinsurance company under any existing policy of insurance.
(b) The amount of an advance payment made in respect to anyclaim shall be credited against any obligation of the insurancecompany in respect to the claim.
As added by P.L.1-1998, SEC.40.