How does the collateral source rule affect a claim for damages from a tortfeasor?

California, United States of America


The following excerpt is from Yee v. Tse, B222570 (Cal. App. 2011):

In general, under the collateral source rule, an injured party's damages from a tortfeasor are not reduced by the amount of any payments that the injured party receives from an independent source. (Helfend v. Southern Cal. Rapid Transit Dist. (1970) 2 Cal.3d 1, 6.) This rule encourages people to obtain insurance. (Id. at p. 10.) "[A] person who has invested years of insurance premiums to assure his medical care should

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receive the benefits of his thrift." (Id. at pp. 9-10.) "Defendant should not be able to avoid payment of full compensation for the injury inflicted merely because the victim has had the foresight to provide himself with insurance." (Id. at p. 10.) A closely related evidentiary rule prohibits the admission of evidence of compensation from a collateral source. (Lund v. San Joaquin Valley Railroad (2003) 31 Cal.4th 1, 10.)

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