Section 490.710

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS

Chapter 490

Effective - 28 Aug 1972   

  490.710.  Advance payment predicated on possible tort liability not admissible in evidence — payment a credit, when — limitation on action starts when. — 1.  No advance payment or partial payment of damages, predicated on possible tort liability, as an accommodation to an injured person, or on his behalf to others, or to the heirs at law or dependents of a deceased person, of medical expenses, loss of earnings and other actual out-of-pocket expenses, because of an injury, death claim, property loss or potential claim against any person shall be admissible into evidence as an admission against interest or admission of liability by such party or self-insurer, or if paid by an insurer of such party, as the insurer's recognition of such liability with respect to such injured or deceased person, or with respect to any other claim arising from the same accident or event.

  2.  Any payments made as provided in subsection 1 of this section shall constitute a credit and be deductible from any final settlement made or judgment rendered with respect to such injured or deceased person.  In the event of a trial involving such a claim, the fact that such payments have been made shall not be brought to the attention of the jury.

  3.  If after an advance payment or partial payment is made as provided in this section, and thereafter it is determined by final judgment of a court of competent jurisdiction that the person is not liable for an amount sufficient to satisfy the advance payment or partial payment, such person or insurer shall have no right of action for the recovery of such payment.

  4.  The period fixed for the limitation for the commencement of actions shall commence on the date of the last payment or partial 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.