Div 9Rights of hospitals against insurers

Division 9—Rights of hospitals against insurers 45—Interpretation In this Division— accident to which this Division applies means an accident— (a) caused by, or arising out of, the use of a motor vehicle; and (b) in which some person has suffered bodily injury; bodily injury includes mental or nervous shock; designated entity means— (a) any hospital, whether incorporated under this Act or not; or (ab) an incorporated health service; or (b) SAAS; insurer means any person, or association of persons, carrying on the business of insurance; owner, in relation to a motor vehicle, means the person registered as the owner of the vehicle. 46—Report of accidents to which this Division applies (1) The Commissioner of Police must, on receipt of a report that an accident to which this Division applies has occurred, furnish the Minister with such of the prescribed particulars of the accident as are known to the Commissioner. (2) An insurer must, within 7 days after receipt of a report that an accident to which this Division applies has occurred, furnish the Minister with such of the prescribed particulars of the accident as are known to the insurer. Maximum penalty: $2 500. (3) The prescribed particulars of an accident to which this Division applies are— (a) the nature of the accident and the time and place at which it occurred; and (b) the name and address of each person injured in the accident; and (c) the name and address of the driver of each vehicle involved in the accident; and (d) the name and address of the owner of each vehicle involved in the accident; and (e) the name and address of any insurer who has insured the owner or driver (or both) of a vehicle involved in the accident in respect of bodily injury caused by, or arising out of, the use of the vehicle. 47—Notice by designated entity to insurer (1) If a person suffers bodily injury in an accident to which this Division applies and a designated entity provides a health service to that person in respect of that bodily injury, the designated entity may give, personally or by post, to an insurer notice stating that the person has been provided with a health service by the designated entity and that the designated entity has a claim for payment for the health service that has been provided. (2) A notice may be given under this section notwithstanding that the person who has been provided with the health service has died. 48—First claim of designated entity (1) If a notice has been given by a designated entity to an insurer under this Division, the designated entity has first claim on any money to be paid by the insurer in respect of the bodily injury of the person to whom the notice relates. (2) If an insurer on whom a notice has been served under this Division proposes to pay money in respect of the bodily injury of the person to whom the notice relates (whether or not the money is to be paid in pursuance of an order of the court or voluntarily by the insurer, with or without an admission of liability), the money must be applied by the insurer— (a) first, in or towards satisfaction of the claim of the designated entity; and (b) as to any residue, in the same manner as if this Division had not been enacted. (3) If notices have been served under this Division on an insurer by 2 or more designated entities in respect of the same patient and the money to be paid by the insurer is not sufficient to meet the claims of both or all of those designated entities, the money must be divided between the designated entities in proportion to their respective claims. (4) If an insurer fails to make a payment to a designated entity as required by this section, the designated entity may, by action in a court of competent jurisdiction, recover the amount of the payment that should have been made to the designated entity as a debt due to it from the insurer.