CHAPTER 2. ADVANCE PAYMENTS IN PERSONAL INJURY AND PROPERTY DAMAGE CASES
IC 34-44-2
Chapter 2. Advance Payments in Personal Injury and Property
Damage Cases
IC 34-44-2-1
Applicability of chapter
Sec. 1. (a) This chapter applies to an action brought to recover
damages for:
(1) personal injuries;
(2) wrongful death; or
(3) property damage.
(b) This chapter does not apply to actions in which there is more
than 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 an
admission of liability by any person.
(b) Except as provided in section 3 of this chapter, evidence of an
advance payment is not admissible during the trial for any purpose
by 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 in
an action described in section 1 of this chapter:
(1) the defendant may introduce evidence of any advance
payment made; and
(2) the court shall reduce the award to the plaintiff to the extent
that the award includes an amount paid by the advance
payment.
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 company
on behalf of an insured does not increase the limits of liability of the
insurance company under any existing policy of insurance.
(b) The amount of an advance payment made in respect to any
claim shall be credited against any obligation of the insurance
company in respect to the claim.
As added by P.L.1-1998, SEC.40.