490.710. Advance payment predicated on possible tort liability not admissible in evidence--payment a credit, when--limitation on action starts when. - Missouri Statutes

Advance payment predicated on possible tort liability not admissiblein evidence--payment a credit, when--limitation on action starts when.

490.710. 1. No advance payment or partial payment ofdamages, predicated on possible tort liability, as anaccommodation to an injured person, or on his behalf to others,or to the heirs at law or dependents of a deceased person, ofmedical expenses, loss of earnings and other actual out-of-pocketexpenses, because of an injury, death claim, property loss orpotential claim against any person shall be admissible intoevidence as an admission against interest or admission ofliability by such party or self-insurer, or if paid by an insurerof such party, as the insurer's recognition of such liabilitywith respect to such injured or deceased person, or with respectto any other claim arising from the same accident or event.

2. Any payments made as provided in subsection 1 of thissection shall constitute a credit and be deductible from anyfinal settlement made or judgment rendered with respect to suchinjured or deceased person. In the event of a trial involvingsuch a claim, the fact that such payments have been made shallnot be brought to the attention of the jury.

3. If after an advance payment or partial payment is made asprovided in this section, and thereafter it is determined byfinal judgment of a court of competent jurisdiction that theperson is not liable for an amount sufficient to satisfy theadvance payment or partial payment, such person or insurer shallhave no right of action for the recovery of such payment.

4. The period fixed for the limitation for the commencementof actions shall commence on the date of the last payment orpartial payment made hereunder.

(L. 1972 H.B. 166 § 1)

(1977) Held, there is no conflict between this section and MAI 7.01; evidence of advance payments or partial payments is not to be admitted in evidence before a jury and is not the subject of a MAI 7.01 modification. Taylor v. Yellow Cab Co. (Mo.), 548 S.W.2d 528.

(1977) Held, difference between value of repaired automobile and its value before being damaged is a proper measure of damages. Rook v. John F. Oliver Trucking Co. (A.), 556 S.W.2d 200.