Advance or partial payment not admissible as admission against interest or admission of liability; credit; no recovery; limitation of actions

40-275. Advance or partial payment not admissible as admission against interest or admission of liability; credit; no recovery; limitation of actions. 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, firm, trust or corporation, 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. 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. 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: Provided, If after an advance payment or partial payment is made as herein provided for, and thereafter it shall be determined by final judgment of a court of competent jurisdiction that the person, firm, trust or corporation is not liable for an amount sufficient to satisfy the advance payment or partial payment, such person, firm, trust or corporation shall have no right of action for the recovery of any such a payment: Provided further, That 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. History: L. 1967, ch. 267, § 1; L. 1969, ch. 232, § 1; July 1. Law Review and Bar Journal References: Survey of Kansas insurance laws (1968-1969), 18 K.L.R. 420 (1970). "Recent Developments in Kansas Insurance Law: A Survey, Some Analysis, and Some Suggestions," Robert H. Jerry II, 32 K.L.R. 287, 337, 338 (1984). "New Developments in Kansas Insurance Law," Robert H. Jerry II, 37 K.L.R. 841, 900 (1989). CASE ANNOTATIONS 1. Cited; order granting new trial pursuant to K.S.A. 60-259a upheld; appeal dismissed. Smith v. Morris, 2 Kan. App. 2d 59, 63, 574 P.2d 568. 2. Evidence showed course of dealing; not admission against interest; no error. Farmers Ins. Exchange v. Schropp, 222 Kan. 612, 622, 624, 567 P.2d 1359. 3. Instruction under section held not prejudicial. Taylor v. Wachter, 3 Kan. App. 2d 536, 551, 598 P.2d 1061. 4. Payment made by one insurer to another as reimbursement of PIP benefits not advance or partial payment which tolls statute of limitations. Lytle v. Pepsi Cola General Bottlers, Inc., 8 Kan. App. 2d 332, 333, 334, 335, 336, 656 P.2d 786 (1983). 5. Error to grant summary judgment until discovery completed on questions of equitable estoppel and circumstances of part payments. Hustead v. Bendix Corp., 233 Kan. 870, 873, 876, 877, 878, 666 P.2d 1175 (1983). 6. Insurer has not recovered PIP benefits (K.S.A. 40-3101 et seq.) when advance payments subsequently deducted from settlement. Howard v. Edwards, 9 Kan. App. 2d 763, 765, 767, 689 P.2d 911 (1984). 7. Filing of interpleader action and payment made by insurance company into court thereunder is not an accommodation to injured party; date of such payment into court is date payment is made under statute. Bryan v. Davis, 11 Kan. App. 2d 691, 692, 732 P.2d 805 (1987). 8. Discussed restitution as an advance or partial payment of damages. Church Mut. Ins. Co. v. Rison, 16 Kan. App. 2d 315, 319, 320, 823 P.2d 209 (1992). 9. Payment of property damage tolls statute of limitations until date of payment. Mast v. Kinnard, 29 Kan. App. 2d 301, 25 P.3d 158 (2001). Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026