Tort Law

This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Collateral Source Rule and the related topic of personal injury. For more information on collateral source issues see the pages on Wikipedia.

Collateral Source Rule-Statutes

See Va. Code § 8.01-35 indicating that wage claim is not to be diminished because of reimbursement nor shall reimbursement be admitted into evidence.

Collateral Source Rule-Cases

2002 Acordia of Va. Ins. Agency, Inc. v. Genito Glenn, L.P., 263 Va. 377, 560 S.E.2d 246.

Collateral Source Rule applies exclusively to claims ex delicto and includes money paid the plaintiff by his own insurer and also social security benefits, public and private pension payments, unemployment and workers’ compensation benefits, vacation and sick leave allowances, and other payments made by employers to injured employees both contractural and gratuitous. This rule purports to place upon tortfeasor full burden of his wrongdoing. However, if plaintiff’s injury is combined with wrongdoing of defendant and settling joint tortfeasor, then credit rule under Va. Code § 8.01-35.1may intercede to ensure that defendant will not be burdened for full restitution for an injury which by settlement of tort claim, plaintiff implicitly attributes in part to settling party. In this case, judgment that owner obtained against insurer was reduced by amount of settlement that owner obtained from insurance services company where insurance services company had failed to properly obtain insurance coverage.

2001 Radvany v. Davis, 262 Va. 308, 551 S.E.2d 347.

Under Collateral Source Rule, defendant in negligence action cannot introduce into evidence amounts paid by plaintiff’s medical insurance carrier and accepted by healthcare providers as payment in full for medical services rendered to plaintiff, as they are payments made by collateral source.

2000 Acuar v. Letourneau, 260 Va. 180, 531 S.E.2d 316.

Plaintiff may offer evidence of full amount of reasonable medical expenses without any reduction for amounts “written off” by healthcare providers.

1988 Schickling v. Aspinall, 235 Va. 472, 369 S.E.2d 172.

Collateral Source Rule not applicable to this contract action. Court did not decide whether collateral source rule may be applicable to contract actions. Brief description of purpose of Rule.

1975 Neeley v. Johnson, 215 Va. 565, 211 S.E.2d 100.

Plaintiff who introduced irrelevant evidence on his recovery from other sources is not entitled to collateral source rule instruction.

1966 Moorman v. Nationwide Mut. Ins. Co., 207 Va. 244, 148 S.E.2d 874.

Plaintiff passenger in insured’s auto. Plaintiff sued insured in tort; plaintiff also allowed to recover under medical payment coverage.

1960 Nationwide Ins. Co. v. Gentry, 202 Va. 338, 117 S.E.2d 76.

Plaintiff signed release which was subsequently set aside. Defendant given credit for amount paid against judgment entered.

1960 Walthew v. Davis, 201 Va. 557, 111 S.E.2d 784.

Trial court properly excluded evidence that decedent’s mother was beneficiary in life insurance policy. Discussion on logic of rule.

1957 Burks v. Webb, 199 Va. 296, 99 S.E.2d 629.

Evidence of plaintiff having received proceeds of accidental death policy is inadmissible.