Code of Alabama
Ala. Code § 12-21-45 (2026)
Evidence That Medical or Hospital Expenses to Be Paid or Reimbursed Admissible as Competent Evidence.
✓ official Alabama Legislature (ALISON) text, current July 2026
(a) In all civil actions where damages for any medical or hospital expenses are claimed and are legally recoverable for personal injury or death, evidence that the plaintiff’s medical or hospital expenses have been or will be paid or reimbursed shall be admissible as competent evidence. In such actions upon admission of evidence respecting reimbursement or payment of medical or hospital expenses, the plaintiff shall be entitled to introduce evidence of the cost of obtaining reimbursement or payment of medical or hospital expenses.
(b) In such civil actions, information respecting such reimbursement or payment obtained or such reimbursement or payment which may be obtained by the plaintiff for medical or hospital expenses shall be subject to discovery.
(c) Upon proof by the plaintiff to the court that the plaintiff is obligated to repay the medical or hospital expenses which have been or will be paid or reimbursed, evidence relating to such reimbursement or payment shall be admissible.
(d) This section shall not apply to any civil action pending on June 11, 1987.
(Acts 1987, No. 87-187, p. 258, §§1-3, 6.)
Notes of Decisions
Cited in 34
cases (4 in the last 5 years), 1990–2025 · leading case: Am. Legion Post No. 57 v. Leahey, 681 So. 2d 1337 (Ala. 1996).
Am. Legion Post No. 57 v. Leahey, 681 So. 2d 1337 (Ala. 1996). “This interlocutory appeal comes from an order holding unconstitutional Ala.Code 1975, § 12-21-45, which would allow the defendant in this personal injury action to introduce evidence that the plaintiff received from a collateral source payments for her medical or hospital…”
Marsh v. Green, 782 So. 2d 223 (Ala. 2000). “When this Court struck down § 12-21-45 in Leahey, supra, Justice Houston, one of three dissenting Justices, wrote: "I dissent from the holding that Ala. Code 1975, § 12-21-45, violates the right to trial by jury guaranteed by the Constitution of Alabama of 1901, § 11.”
Crocker v. Grammer, 87 So. 3d 1190 (Ala. Civ. App. 2011). “Elizabeth Crocker appeals from an order of the Jefferson Circuit Court (“the trial court”) concluding that § 12-21-45, Ala.Code 1975, has been abrogated by the Alabama Rules of Evidence.”
Killian v. Melser, 792 F. Supp. 1217 (N.D. Ala. 1992). “At the pre-trial conference, Melser indicated his intention to offer evidence of the fact and of the amount of payment of Killian’s medical expenses from a collateral source under authority of Ala.Code § 12-21-45 (Supp.1991), which is titled “Evidence that medical or hospital…”
Melvin v. Loats, 23 So. 3d 666 (Ala. Civ. App. 2009). “09”); and that Ala.Code 1975, § 12-21-45, violated constitutional guaranties of a right to a jury trial and to due process and that it “discriminate[d]” against Loats by not allowing discovery of Melvin’s insurance coverage and the monetary limits of any such coverage.”
Senn v. Alabama Gas Corp., 619 So. 2d 1320 (Ala. 1993). “However, the collateral source rule, insofar as it allowed recovery against a tort-feasor of medical expenses paid by a collateral source, was abrogated by Ala.Code 1975, § 12-21-45. That section provides: "(a) In all civil actions where damages for any medical or hospital…”
Shelley v. White, 711 F. Supp. 2d 1295 (M.D. Ala. 2010). “In response, Defendants argue that Ala.Code § 12-21-45 provides authority for admitting evidence that the Plaintiffs medical expenses have been paid by the employer’s workers’ compensation insurance carrier and possibly other insurers.”
Mobile Infirmary Med. Ctr. v. Hodgen, 884 So. 2d 801 (Ala. 2003). “1996), a case invalidating § 12-21-45, Ala.Code 1975 (a counterpart to § 6-5-545).”
Powell v. Blue Cross & Blue Shield, 581 So. 2d 772 (Ala. 1990). “But, we note that for civil cases filed after June 11, 1987, Ala.Code 1975, § 12-21-45, would allow evidence that an outside source has paid or will pay or reimburse the plaintiff for certain medical or hospital expenses.”
Lagerstrom v. Myrtle Werth Hosp.-Mayo Health Sys., 2005 WI 124 (Wis. 2005). “1 (b) (2005) (no source of collateral benefits introduced in evidence shall recover any amount against the plaintiff nor be subrogated to the rights of the plaintiff against a defendant).”
Allen v. Briggs, 60 So. 3d 899 (Ala. Civ. App. 2010). “Relying on the abrogation of the collateral-source rule by Ala.Code 1975, § 12-21-45, the Smith court discussed whether the evidence at trial was sufficient for the jury to conclude that all but $500 of the plaintiff's medical expenses had been paid by a collateral source.”
Craig Ex Rel. Craig v. F.W. Woolworth Co., 866 F. Supp. 1369 (N.D. Ala. 1993). “By way of this motion, the defendant raises for the first time Alabama Code § 12-21-45. 2 The defendant argues that under this statute evidence of an insurer’s reimbursing or paying medical expenses is admissible in all civil suits.”
— Ala. Code § 12-21-45(a) — 9 cases
Roszell v. Martin, 591 So. 2d 511 (Ala. Civ. App. 1991).
Shelley v. White, 711 F. Supp. 2d 1295 (M.D. Ala. 2010). “In response, Defendants argue that Ala.Code § 12-21-45 provides authority for admitting evidence that the Plaintiffs medical expenses have been paid by the employer’s workers’ compensation insurance carrier and possibly other insurers.”
Crocker v. Grammer, 87 So. 3d 1190 (Ala. Civ. App. 2011). “Elizabeth Crocker appeals from an order of the Jefferson Circuit Court (“the trial court”) concluding that § 12-21-45, Ala.Code 1975, has been abrogated by the Alabama Rules of Evidence.”
Am. Legion Post No. 57 v. Leahey, 681 So. 2d 1337 (Ala. 1996). “This interlocutory appeal comes from an order holding unconstitutional Ala.Code 1975, § 12-21-45, which would allow the defendant in this personal injury action to introduce evidence that the plaintiff received from a collateral source payments for her medical or hospital…”
McCormick v. Bunting, 99 So. 3d 1248 (Ala. Civ. App. 2012).
— Ala. Code § 12-21-45(c) — 5 cases
Powell v. Blue Cross & Blue Shield, 581 So. 2d 772 (Ala. 1990). “But, we note that for civil cases filed after June 11, 1987, Ala.Code 1975, § 12-21-45, would allow evidence that an outside source has paid or will pay or reimburse the plaintiff for certain medical or hospital expenses.”
Melvin v. Loats, 23 So. 3d 666 (Ala. Civ. App. 2009). “09”); and that Ala.Code 1975, § 12-21-45, violated constitutional guaranties of a right to a jury trial and to due process and that it “discriminate[d]” against Loats by not allowing discovery of Melvin’s insurance coverage and the monetary limits of any such coverage.”
Killian v. Melser, 792 F. Supp. 1217 (N.D. Ala. 1992). “At the pre-trial conference, Melser indicated his intention to offer evidence of the fact and of the amount of payment of Killian’s medical expenses from a collateral source under authority of Ala.Code § 12-21-45 (Supp.1991), which is titled “Evidence that medical or hospital…”
Craig Ex Rel. Craig v. F.W. Woolworth Co., 866 F. Supp. 1369 (N.D. Ala. 1993). “By way of this motion, the defendant raises for the first time Alabama Code § 12-21-45. 2 The defendant argues that under this statute evidence of an insurer’s reimbursing or paying medical expenses is admissible in all civil suits.”
Daniels v. Kapoor, 64 So. 3d 62 (Ala. Civ. App. 2010).
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