Delaware § 4317 Admissibility of accommodation payments for personal injury; effect on statute of limitations

Delaware Statutes

§ 4317 — Admissibility of accommodation payments for personal injury; effect on statute of limitations

Delaware § 4317

JurisdictionDelaware

Title10

PartProcedure

Ch. 43EVIDENCE AND WITNESSES

Subch.General Provisions

This text of Delaware § 4317 (Admissibility of accommodation payments for personal injury; effect on statute of limitations) is published on Counsel Stack Legal Research, covering Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Del. Code tit. 10, § 4317 (2026).

Text

No advance payment or partial payment of damages made by any person or his or her insurer as an accommodation to an injured person or on such person’s behalf to others or to the estate or dependents of a deceased person, made under liability insurance as defined in § 906(a)(2) of Title 18, 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 dec

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No advance payment or partial payment of damages made by any person or his or her insurer as an accommodation to an injured person or on such person’s behalf to others or to the estate or dependents of a deceased person, made under liability insurance as defined in § 906(a)(2) of Title 18, 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 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.