Although Federal Rule of Evidence 409 or a comparable State rule bars using evidence of paying for or furnishing medical, hospital, or similar expenses if such evidence is offered to prove liability, such evidence is admissible to show that the instrumentality causing an accident was under the control and responsibility of the defendant.

Fed. R. Evid. 411 ("Evidence that a person was or was not insured against liability is not admissible upon the issue whether the person acted negligently or otherwise wrongfully. This rule does not require the exclusion of evidence of insurance against liability when offered for another purpose, such as proof of agency, ownership, or...Evidence of the existence or non-existence of liability insurance is not admissible on the issue of negligence or wrongful conduct.

Young v. McGinnis, 411 F. Supp. 2d 278, 308-309 (E.D.N.Y. 2006) ("The due process clause requires that a criminal defendant be convicted only if the prosecution proves 'beyond a reasonable doubt all of the elements included in the definition of the offense of which the defendant is charged.' Patterson...The government can have the burden of proof on factual issues other than the essential elements of the crime charged and the government's burden of persuasion on such "collateral" issues can be and often is less than proof beyond a reasonable doubt. Conversely, sometimes a criminal defendant rather than the government has the burden of proof and persuasion with respect to factual issues that arise under legal rules and requirements apart from the essential elements of the crime charged; for example, a defendant may have the burden of establishing a defense such as duress.

Thompson v. Boggs, 33 F.3d 847, 854-855 (7th Cir. 1994) (upholding trial court's exclusion of victims' affidavits about police officer's prior use of excessive force as habit evidence because such incidents did not establish that the police officer uses excessive force as a regular response to making...If behavior is largely volitional rather than semi-volitional or semi-automatic, it is hot habit.