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MyClaimWorth
★ glossary entry

Collateral source rule

By Reviewed by Abd Shanti, Founder7 min read
★ applies inUnited States
★ definition

A rule that prevents a defendant from reducing damages by amounts the claimant has already received from independent sources (insurance, employer benefits, etc.).

What it means in practice.

Many US states have modified or abolished this rule for medical-malpractice and other categories; the position varies by state.

The collateral source rule deals with money you receive from somewhere other than the person who hurt you, most often health insurance that paid your medical bills. The traditional rule says those payments do not reduce what the wrongdoer owes, and the jury is not told about them.

Many states have changed that. Some let the defense tell the jury that insurance paid the bills. Others keep the jury in the dark but have the judge subtract the payments from the verdict afterwards.

Whether a payment counts often depends on whether the insurer has a right to be repaid. If your health plan will claw its money back from your settlement, deducting it again would leave you paying twice, so those payments are usually left alone.

How it works, step by step.

WhereWhat happens to insurance paymentsSource
AlabamaThe defense may introduce evidence that medical and hospital expenses were or will be paid by insurance or other collateral sources.Ala. Code § 12-21-45, applied in McCormick v. Bunting (Ala. Civ. App. 2012)
KentuckyCollateral source payments, except life insurance, and known subrogation rights are admissible at trial.KRS 411.188(3)
ConnecticutHealth insurance and similar payments are subtracted from the economic damages after the verdict, except payments the insurer has a right to recover.Conn. Gen. Stat. § 52-225a; Marciano v. Jiminez (Conn. 2016)
Kentucky car crashesTort liability is abolished to the extent no-fault PIP benefits are payable, so those losses are not claimed from the other driver at all.KRS 304.39-060(2)(a)
Queensland work injuriesWorkers compensation already paid is refunded to WorkCover out of the damages.Goldthorpe v HJS Store [2025] QDC 209

A worked example.

★ from a real decision

When the refund swallows the claim: Goldthorpe v HJS Store (Qld 2025)

Injury
Soft tissue lower back injury delivering whitegoods, 21 July 2023
General damages
ISV 1, $1,535
Owed back to WorkCover
$10,977.86
Left for the worker
$0
Result
Claim dismissed

This is the opposite of the traditional collateral source rule: the benefits already paid came off the damages first, and nothing was left.

Goldthorpe v HJS Store Pty Limited [2025] QDC 209

Sources.

★ where it applies

On these country pages.

The country pages spell out the local statute, the named authority, and the bands that interact with this term.

★ frequently asked

Common questions.

Quick answers, plain English.

★ editorial note

This entry describes the term as it appears in published authority and practitioner usage. Nothing on this page is legal advice. For your specific case, consult a solicitor or attorney qualified in your jurisdiction. See /methodology for how we derive figures elsewhere on the site, /sources for the standing authority list, and /disclaimer for the scope statement.