Evidence and Admissibility
Policy Exclusions
Rule 409 excludes evidence of furnishing or offering to pay medical expenses to prove liability. Unlike Rule 408, accompanying statements are not protected.
The rule requires no pre-existing dispute.
Alternative Names:
Rule 409|Medical Payment Evidence
Why it Matters?
Accompanying statements remain admissible, which distinguishes this rule from Rule 408 and creates real exposure where an offer to pay was made alongside an apology or acknowledgment of fault. Separating the payment offer from any explanatory statement is the practical control. The rule applies without any dispute existing, which makes it broader than Rule 408 in that respect.
Frequently Confused with
Related terms
Frequently asked questions
Are accompanying statements protected?
Does a dispute have to exist?
