South Australian Repealed Acts

This legislation has been repealed.

HOSPITALS ACT 1934 - SECT 53

53—Payment by insurer of cost of hospital treatment

        (1)         Where—

            (a)         any payment is made (whether or not with an admission of liability) by an insurer, under or in consequence of a policy of insurance, in respect of the death or bodily injury to any person caused by or arising out of the use of a vehicle; and

            (b)         the person who has so died or been injured received treatment at a hospital (whether as an in-patient or as an out-patient) in respect of the bodily injury (fatal or otherwise) so caused or arising; and

            (c)         notice has been given to the insurer by the hospital as provided by section 52,

the insurer shall pay to the hospital the amount of the claim of the hospital in respect of treatment afforded to the person who has so died or been injured and if the notice to the insurer by the hospital does not state the amount of the claim of the hospital the onus shall be on the insurer to ascertain from the hospital or in the case of a Government hospital from the director-general what is the amount of the claim.

        (2)         Where two or more insurers make payments under or in consequence of a policy of insurance in respect of the death of or bodily injury to a person caused by or arising out of the use of two or more vehicles each such insurer shall pay an equal share of the payments required to be made under subsection (1) of this section.

        (3)         The liability (if any)—

            (a)         of the owner or driver of the vehicle in respect of the death or bodily injury; and

            (b)         of the insurer in respect of the policy of insurance (whether to the owner or driver or in pursuance of subsection (2) of section 70D of the Road Traffic Act 1934 ),

shall be deemed to be reduced by the amount paid by the insurer to the hospital under this section.

        (4)         The amount to be paid by the insurer to the hospital in respect of any such bodily injury (fatal or otherwise) shall not exceed—

            (a)         the total amount of the claim of the hospital; or

            (b)         the total amount payable by the insurer in respect of such fatal or bodily injury,

whichever is the lesser.

        (5)         If the person who has died or been bodily injured has received treatment at more than one hospital, and the total amount of the claims of those hospitals in respect of treatment afforded to that person exceeds the total amount payable by the insurer in respect of the fatal or bodily injury, any payment required to be made by subsection (1) of this section shall be divisible between the hospitals in proportion to the claims of the hospitals.