CHAPTER 442

AN ACT TO AMEND CHAPTER 43, TITLE 10, DELAWARE CODE, RELATING TO PAYMENTS MADE AS AN ACCOMMODATION UPON A PERSONAL INJURY CLAIM AND ADMISSIBILITY THEREOF AS EVIDENCE.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Chapter 43, Title 10, Delaware Code, is hereby amended by adding a new section 4318 to read as follows:

§ 4318. Admissibility of accommodation payments for personal injury

No advance payment or partial payment of damages made by any person or his insurer as an accommodation to an injured person or on his behalf to others or to the estate or dependents of a deceased person made under liability insurance as defined in 18 Delaware Code, Section 906 (a) (2) because of an injury or death claim or potential claim against any person or insured thereunder shall be construed as an admission of liability by the person claimed against, or of 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. Any such payments shall, however, constitute a credit and be deductible from any final settlement made or judgment rendered with respect to such injured or deceased person which does not expressly take into account such advance payments. Any person, including any insurer, who makes such an advance or partial payment, shall at the time of the payment, notify the recipient thereof in writing of the statute of limitations applicable to such injury or death. Failure to provide such written notice shall operate to toll any applicable statute of limitations or time limitations from the time of such advance or partial payment until such written notice is actually given.

Approved May 20, 1970.