The providing of, or payment for, medical, surgical, hospital, or rehabilitation services, facilities, or equipment by or on behalf of any person, or the offer to provide, or pay for, any one or more of the foregoing, shall not be construed as an admission of any liability by such person or persons. Testimony, writings, records, reports or information with respect to the foregoing shall not be admissible in evidence as an admission of any liability in any action of any kind in any court or before any commission, administrative agency, or other tribunal in this State, except at the instance of the person or persons so making any such provision, payment or offer.
8-1901.Admission of liability - Effect.
Article VIII. Evidence · Part 19. Admission of Liability · Last amended 2013 · Last verified July 20, 2026
In one sentenceProvides that paying for or offering to pay someone's medical care isn't an admission of liability, and bars evidence of that payment or offer from proving liability except at the payer's own instance.
Full Text of 735 ILCS 5/8-1901
Plain-English Summary
This section addresses a recurring evidentiary problem: does paying an injured person's medical bills, or offering to, amount to admitting fault? The statute says no. Providing, paying for, or offering to provide or pay for medical, surgical, hospital, or rehabilitation services, facilities, or equipment isn't to be construed as an admission of liability by the person or persons who did so.
The section backs that rule with an evidentiary bar: testimony, writings, records, reports, or information about the provision, payment, or offer is inadmissible as an admission of liability, in any action of any kind, in any court or before any commission, administrative agency, or other tribunal in Illinois. The one exception runs the other way — the person who made the provision, payment, or offer may introduce that evidence.
By covering offers to pay as well as completed payments, the section removes a disincentive to helping an injured person with medical costs after an accident, without conceding fault by doing so.
Frequently Asked Questions
Does paying a person's medical bills count as admitting fault?
No. The section says providing or paying for, or offering to provide or pay for, medical, surgical, hospital, or rehabilitation services isn't to be construed as an admission of liability.
Can the other side use that payment as evidence against the payer?
Generally no — the evidence is inadmissible as an admission of liability except at the instance of the person who made the provision, payment, or offer, meaning that person may introduce it but an opponent generally cannot use it against them.
What types of care does the section cover?
Medical, surgical, hospital, or rehabilitation services, facilities, or equipment.
Does the exclusion cover offers to pay, or only completed payments?
Both — the section expressly covers "the offer to provide, or pay for" the listed care, not just payments already made.
Where does this evidentiary rule apply?
In any action of any kind in any Illinois court, or before any commission, administrative agency, or other tribunal in the state.
Amendment History
(Source: P.A. 97-1145, eff. 1-18-13.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
Also known as: illinois medical payment not admission of liabilitypaying medical bills after accident illinois evidenceoffer to pay medical expenses inadmissible illinoismedical payment exclusion illinois evidence rule