40-275.Advance or partial payment not admissible as admission againstinterest or admission of liability; credit; no recovery; limitation ofactions.No advance payment or partial payment of damages, predicated on possibletort liability, as an accommodation to an injured person, or on his behalfto others, or to the heirs at law or dependents of a deceased person ofmedical expenses, loss of earnings and other actual out of pocket expenses,because of an injury, death claim, property loss or potential claim againstany person, firm, trust or corporation, shall be admissible into evidenceas an admission against interest or admission of liability by such party orself insurer, or if paid by an insurer of such party, as the insurer'srecognition of such liability with respect to such injured or deceasedperson, or with respect to any other claim arising from the same accidentor event. Any such payments shall, however, constitute a credit and bedeductible from any final settlement made or judgment rendered with respectto such injured or deceased person. In the event of a trial involving sucha claim, the fact that such payments have been made shall not be brought tothe attention of the jury: Provided, If after an advance payment orpartial payment is made as herein provided for, and thereafter it shall bedetermined by final judgment of a court of competent jurisdiction that theperson, firm, trust or corporation is not liable for an amount sufficientto satisfy the advance payment or partial payment, such person, firm, trustor corporation shall have no right of action for the recovery of any such apayment: Provided further, That the period fixed for the limitationfor the commencement of actions shall commence on the date of the lastpayment or partial payment made hereunder.
History: L. 1967, ch. 267, § 1; L. 1969, ch. 232, § 1; July 1.
40-275.Advance or partial payment not admissible as admission againstinterest or admission of liability; credit; no recovery; limitation ofactions.No advance payment or partial payment of damages, predicated on possibletort liability, as an accommodation to an injured person, or on his behalfto others, or to the heirs at law or dependents of a deceased person ofmedical expenses, loss of earnings and other actual out of pocket expenses,because of an injury, death claim, property loss or potential claim againstany person, firm, trust or corporation, shall be admissible into evidenceas an admission against interest or admission of liability by such party orself insurer, or if paid by an insurer of such party, as the insurer'srecognition of such liability with respect to such injured or deceasedperson, or with respect to any other claim arising from the same accidentor event. Any such payments shall, however, constitute a credit and bedeductible from any final settlement made or judgment rendered with respectto such injured or deceased person. In the event of a trial involving sucha claim, the fact that such payments have been made shall not be brought tothe attention of the jury: Provided, If after an advance payment orpartial payment is made as herein provided for, and thereafter it shall bedetermined by final judgment of a court of competent jurisdiction that theperson, firm, trust or corporation is not liable for an amount sufficientto satisfy the advance payment or partial payment, such person, firm, trustor corporation shall have no right of action for the recovery of any such apayment: Provided further, That the period fixed for the limitationfor the commencement of actions shall commence on the date of the lastpayment or partial payment made hereunder.
History: L. 1967, ch. 267, § 1; L. 1969, ch. 232, § 1; July 1.
40-275.Advance or partial payment not admissible as admission againstinterest or admission of liability; credit; no recovery; limitation ofactions.No advance payment or partial payment of damages, predicated on possibletort liability, as an accommodation to an injured person, or on his behalfto others, or to the heirs at law or dependents of a deceased person ofmedical expenses, loss of earnings and other actual out of pocket expenses,because of an injury, death claim, property loss or potential claim againstany person, firm, trust or corporation, shall be admissible into evidenceas an admission against interest or admission of liability by such party orself insurer, or if paid by an insurer of such party, as the insurer'srecognition of such liability with respect to such injured or deceasedperson, or with respect to any other claim arising from the same accidentor event. Any such payments shall, however, constitute a credit and bedeductible from any final settlement made or judgment rendered with respectto such injured or deceased person. In the event of a trial involving sucha claim, the fact that such payments have been made shall not be brought tothe attention of the jury: Provided, If after an advance payment orpartial payment is made as herein provided for, and thereafter it shall bedetermined by final judgment of a court of competent jurisdiction that theperson, firm, trust or corporation is not liable for an amount sufficientto satisfy the advance payment or partial payment, such person, firm, trustor corporation shall have no right of action for the recovery of any such apayment: Provided further, That the period fixed for the limitationfor the commencement of actions shall commence on the date of the lastpayment or partial payment made hereunder.
History: L. 1967, ch. 267, § 1; L. 1969, ch. 232, § 1; July 1.
