Road Traffic Act, 1961

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Reimbursement of hospitals.

119.—(1) Where—

(a) injury to a person (in this section referred to as the injured person) has been caused by the negligent use in a public place of a mechanically propelled vehicle,

(b) the injury was sustained in such circumstances that the injured person is entitled, or (if he has died) was during his lifetime entitled, to recover damages in respect of the injury from some other person,

(c) the injured person received treatment in a hospital (other than a health institution within the meaning of the Health Act, 1947 ) in relation to the injury,

the governing body of the hospital shall be paid by such other person the amount (subject to the prescribed limits) of the cost of the treatment and of any detention in the hospital of the injured person, less any sums paid to them by or on behalf of the injured person in respect of such treatment or detention.

(2) Any sum falling to be paid pursuant to this section shall, in default of being paid, be recoverable as a simple contract debt in any court of competent jurisdiction.

(3) Where a governing body receive or recover any sum falling to be paid under this section, they shall not be entitled to receive or recover from the injured person in relation to his injury any moneys other than any sums which may have been paid by or on behalf of the injured person and taken into account in determining the amount of such first-mentioned sum.

(4) The liability of a person to pay under this section shall, for the purposes of Part VI of this Act and of any approved policy of insurance or an approved guarantee, be deemed to be a liability to pay damages in respect of injury to a person caused by the negligent use of the mechanically propelled vehicle concerned.

(5) In this section “governing body” means, in relation to a hospital, the person or persons, whether incorporated or unincorporated, entitled to sue and liable to be sued in respect of the hospital as proprietor or manager thereof or otherwise.