Paying or Offering to Pay Medical Expenses

I’m David Holub, an attorney focusing on personal injury law in northwest Indiana.

Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics.

Today’s question comes from a call by an existing client who said that the other driver immediately offered to pay for the cost of repairing his vehicle following the crash, and cannot understand how the other driver’s insurance company can deny the claim and argue that its insured driver was not at fault. He wondered if the insurance carrier will be able to take this inconsistent position at the trial of his case.

In the past, we discussed an evidence rule that provides that if a defendant repairs its premises after an injury is suffered as a result of a defect on the premises, the remedial measures taken to make the property safer are not admissible to prove negligence, a defect, or the need for a warning or instruction.

The reason is that as a society we have elected to do nothing to discourage people from repairing their property to make the property safer. The thought is that people will not take steps to keep their property in good repair if doing so could be used against them in court.

Proof of a repair is admissible, however, if offered for another contested reason, such as proving ownership of a property or that it was feasible to make the property safer.

Likewise, Evidence Rule 409 provides that evidence of paying, furnishing, promising to pay, or offering to pay for property damage or medical or hospital expenses resulting from an injury, is not admissible to prove liability for an injury or damages.

Similarly, evidence of compromise settlement proposals or even a statement made during compromise negotiations about a claim is inadmissible except in rare circumstances.

I hope you found this information helpful. If you are a victim of someone’s carelessness, substandard medical care, product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there, make sure you request a copy of our book “Fighting for Truth.”