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"The collateral source rule provides, as a general proposition, that a party may recover full compensatory damages from a tortfeasor regardless of the payment of any amount by any independent party (a 'collateral source'), such as an insurance carrier." Bushong v. Park, 837 A.
? At any time after commencement of the action a defendant, as a third-party plaintiff, may cause a summons and complaint to be served upon a person not a party to the action who is or may be liable to him for all or part of the plaintiff's claim against him.
Balance billing for in-network providers is generally illegal. However, it is legal when the patient uses a provider that doesn't have a contractual relationship or seeks services not covered by insurance.
Evidence offered to prove past medical expenses shall be limited to evidence of the amounts actually paid to satisfy the bills that have been satisfied, regardless of the source of payment, and evidence of the amounts actually necessary to satisfy the bills that have been incurred but not yet satisfied.
All relevant evidence is admissible, except as otherwise provided by the Constitution of the United States, by the Constitution of North Carolina, by Act of Congress, by Act of the General Assembly or by these rules. Evidence which is not relevant is not admissible. (1983, c. 701, s.
A party is no longer permitted to board medical expenses that were not actually incurred or paid. If insurance was used for the care, any balance due is likely not appropriate to be included, as balance billing is generally not allowed to be presented.
California Code, Evidence Code - EVID § 411 Except where additional evidence is required by statute, the direct evidence of one witness who is entitled to full credit is sufficient for proof of any fact.
The collateral source rule is designed to protect plaintiffs from being penalized for obtaining insurance or other forms of compensation for their injuries. The rule recognizes that plaintiffs pay premiums for insurance coverage and that they should not be penalized for using the coverage they have paid for.