Iowa Code » Chapter 668 — LIABILITY IN TORT — COMPARATIVE FAULT
Iowa Code

Iowa Code § 668.14 (2026)

Evidence of previous payment or future right of payment

✓ current as of July 2026
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1. In an action brought pursuant to this chapter seeking damages for personal injury, the court shall permit evidence and argument as to the previous payment or future right of payment of actual economic losses incurred or to be incurred as a result of the personal injury for necessary medical care, rehabilitation services, and custodial care except to the extent that the previous payment or future right of payment is pursuant to a state or federal program or from assets of the claimant or the members of the claimant’s immediate family.

2. If evidence and argument regarding previous payments or future rights of payment is permitted pursuant to subsection 1, the court shall also permit evidence and argument as to the costs to the claimant of procuring the previous payments or future rights of payment and as to any existing rights of indemnification or subrogation relating to the previous payments or future rights of payment.

3. If evidence or argument is permitted pursuant to subsection 1 or 2, the court shall, unless otherwise agreed to by all parties, instruct the jury to answer special interrogatories or, if there is no jury, shall make findings indicating the effect of such evidence or argument on the verdict.

4. This section does not apply to actions governed by section 147.136. 87 Acts, ch 157, §9 Referred to in §668.5 \n

Notes of Decisions
Cited in 35 cases (1 in the last 5 years), 1990–2022 · leading case: Schonberger v. Roberts, 456 N.W.2d 201 (Iowa 1990).
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Schonberger v. Roberts, 456 N.W.2d 201 (Iowa 1990). · cites it 90× “In 1987 the General Assembly amended the comparative fault Act, to include a special provision, Iowa Code § 668.14 , [1] also aimed at prohibiting an injured worker to recover twice for the same industrial injury.”
Graber v. City of Ankeny, 616 N.W.2d 633 (Iowa 2000). · cites it 12× “The plaintiffs constitutional challenge to this statute begins with the premise that because it applies only “in an action brought pursuant to this chapter,” see Iowa Code § 668.14 (1), it is triggered only by a “claim involving the fault of more than one party to the claim,”…”
Mohammed v. Otoadese, 738 N.W.2d 628 (Iowa 2007). · cites it 10× “See Iowa Code § 668.14 (2) (requiring a court to permit evidence and argument as to the plaintiffs costs for procuring medical insurance and any rights of indemnification or subro-gation by the insurance company).”
Todd A. Mulhern, Individually & as Rep. of the Est. of Elizabeth M. Von Linden v. Catholic Health Initiatives A/K/A Catholic Health Initiatives Iowa Corp. D/B/A Mercy Franklin Ctr. &/or Mercy Hosp. &/or Mercy Psychiatric Servs., 799 N.W.2d 104 (Iowa 2011). · cites it 6× “In Carson, we held an intentional act, such as assault and battery, is not included in the definition of fault; therefore, the collateral source rule contained in section 668.14 was not applicable to the plaintiff’s claim.”
Loftsgard v. Dorrian, 476 N.W.2d 730 (Iowa Ct. App. 1991). · cites it 18× “It further provides that plaintiff may then introduce evidence concerning cost of procuring the insurance, as well as any existing rights of indemnification or subrogation relating to the previous payments or future rights of payment.”
Waitek v. Dalkon Shield Trust, 934 F. Supp. 1068 (N.D. Iowa 1996). · cites it 14× “Citing Iowa Code § 668.14 , the Trust contends that the Waiteks cannot recover past hospital and medical expenses which have been covered by insurance.”
Lee v. Small, 829 F. Supp. 2d 728 (N.D. Iowa 2011). · cites it 15× “Arguments of the parties Lee argues that the evidence in question in this part of his Motion In Limine is precluded by Iowa Code § 668.14 (1), because that statute may permit evidence concerning payments made by his group health insurance plan, but it unequivocally prohibits…”
Kuta v. Newberg, 600 N.W.2d 280 (Iowa 1999). · cites it 8× “” They base this argument on Iowa Code section 668.14, which provides in part: Evidence of previous payment or future right of payment.”
Auen v. Alcoholic Beverages Div. of Iowa Dep't of Com., 679 N.W.2d 586 (Iowa 2004). · cites it 2× “at 397 (quoting Iowa Code § 668.14 (1897) and Iowa Code § 1056 -a31 (1907)).”
Pexa v. Auto Owners Ins. Co., 686 N.W.2d 150 (Iowa 2004). · cites it 3× “We do not think this rule is implicated in the present case because the court did not reduce the plaintiffs recovery by the amounts paid by a collateral source; rather, the court limited the plaintiffs recovery to those amounts.”
Collins v. King, 545 N.W.2d 310 (Iowa 1996). · cites it 8× “This was based on the court’s belief that our comparative fault act, Iowa Code chapter 668, and specifically Iowa Code section 668.14 (1991), commanded this result.”
Kevin Bryant v. Robert Lee Rimrodt & Geico Gen. Ins. Co., 872 N.W.2d 366 (Iowa 2015). · cites it 4× “See Iowa Code § 668.14 (2) (allowing evidence and argument as to insurance subrogation rights).”
Show all 35 citing cases →
— Iowa Code § 668.14(1) — 7 cases
Graber v. City of Ankeny, 616 N.W.2d 633 (Iowa 2000). “The plaintiffs constitutional challenge to this statute begins with the premise that because it applies only “in an action brought pursuant to this chapter,” see Iowa Code § 668.14 (1), it is triggered only by a “claim involving the fault of more than one party to the claim,”…”
Schonberger v. Roberts, 456 N.W.2d 201 (Iowa 1990). “In 1987 the General Assembly amended the comparative fault Act, to include a special provision, Iowa Code § 668.14 , [1] also aimed at prohibiting an injured worker to recover twice for the same industrial injury.”
Baumler v. Hemesath, 534 N.W.2d 650 (Iowa 1995).
Pexa v. Auto Owners Ins. Co., 686 N.W.2d 150 (Iowa 2004). “We do not think this rule is implicated in the present case because the court did not reduce the plaintiffs recovery by the amounts paid by a collateral source; rather, the court limited the plaintiffs recovery to those amounts.”
Collins v. King, 545 N.W.2d 310 (Iowa 1996). “This was based on the court’s belief that our comparative fault act, Iowa Code chapter 668, and specifically Iowa Code section 668.14 (1991), commanded this result.”
— Iowa Code § 668.14(3) — 3 cases
Schonberger v. Roberts, 456 N.W.2d 201 (Iowa 1990). “In 1987 the General Assembly amended the comparative fault Act, to include a special provision, Iowa Code § 668.14 , [1] also aimed at prohibiting an injured worker to recover twice for the same industrial injury.”
Loftsgard v. Dorrian, 476 N.W.2d 730 (Iowa Ct. App. 1991). “It further provides that plaintiff may then introduce evidence concerning cost of procuring the insurance, as well as any existing rights of indemnification or subrogation relating to the previous payments or future rights of payment.”
Ryan v. Fortune Transp. Co., 214 F.R.D. 527 (S.D. Iowa 2003).
— Iowa Code § 668.14(4) — 2 cases
Mohammed v. Otoadese, 738 N.W.2d 628 (Iowa 2007). “See Iowa Code § 668.14 (2) (requiring a court to permit evidence and argument as to the plaintiffs costs for procuring medical insurance and any rights of indemnification or subro-gation by the insurance company).”
Sharon Mohammed & Doris Whigham Curry, As Co-administrators Of The Est. Of Jerry Whigham Vs. E. Anthony Otoadese, M.d. (Iowa 2007).
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