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Road Traffic Act 1988, Cross Heading: Payments for treatment of traffic casualties is up to date with all changes known to be in force on or before 11 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)Subject to subsection (2) below, where—
(a)a payment, other than a payment under section 158 of this Act, is made (whether or not with an admission of liability) in respect of the death of, or bodily injury to, any person arising out of the use of a motor vehicle on a road or in a place to which the public have a right of access, and
[F1(b)the payment is made by an authorised insurer, the payment being made under or in consequence of a policy issued under section 145 of this Act, and]
(c)the person who has so died or been bodily injured has to the knowledge of the insurer or owner, as the case may be, received treatment at a hospital, whether as an in-patient or as an out-patient, in respect of the injury so arising,
the insurer or owner must pay the expenses reasonably incurred by the hospital in affording the treatment, after deducting from the expenses any moneys actually received in payment of a specific charge for the treatment, not being moneys received under any contributory scheme.
(2)The amount to be paid shall not exceed [F2£2,949.00] for each person treated as an in-patient or [F3£295.00] for each person treated as an out-patient.
(3)For the purposes of this section “expenses reasonably incurred” means—
(a)in relation to a person who receives treatment at a hospital as an in-patient, an amount for each day he is maintained in the hospital representing the average daily cost, for each in-patient, of the maintenance of the hospital and the staff of the hospital and the maintenance and treatment of the in-patients in the hospital, and
(b)in relation to a person who receives treatment at a hospital as an out-patient, reasonable expenses actually incurred.
Extent Information
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
Textual Amendments
F1S. 157(1)(b) substituted (1.11.2019) by The Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1047), reg. 1, Sch. 1 para. 20 (with reg. 5)
F2Sum in s. 157(2) substituted (17.4.1995) by S.I. 1995/889, art. 2
F3Sum in s. 157(2) substituted (17.4.1995) by S.I. 1995/889, art. 2
Modifications etc. (not altering text)
C3S. 157 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)
(1)Subject to subsection (2) below, where—
(a)a payment, other than a payment under section 158 of this Act, is made (whether or not with an admission of liability) in respect of the death of, or bodily injury to, any person arising out of the use of a motor vehicle on a road or [F8in some other public place], and
[F1(b)the payment is made by an authorised insurer, the payment being made under or in consequence of a policy issued under section 145 of this Act, and]
(c)the person who has so died or been bodily injured has to the knowledge of the insurer or owner, as the case may be, received treatment at a hospital, whether as an in-patient or as an out-patient, in respect of the injury so arising,
the insurer or owner must pay the expenses reasonably incurred by the hospital in affording the treatment, after deducting from the expenses any moneys actually received in payment of a specific charge for the treatment, not being moneys received under any contributory scheme.
(2)The amount to be paid shall not exceed [F9£2,949.00] for each person treated as an in-patient or [F10£295.00] for each person treated as an out-patient.
(3)For the purposes of this section “expenses reasonably incurred” means—
(a)in relation to a person who receives treatment at a hospital as an in-patient, an amount for each day he is maintained in the hospital representing the average daily cost, for each in-patient, of the maintenance of the hospital and the staff of the hospital and the maintenance and treatment of the in-patients in the hospital, and
(b)in relation to a person who receives treatment at a hospital as an out-patient, reasonable expenses actually incurred.
Extent Information
E3This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
Textual Amendments
F1S. 157(1)(b) substituted (1.11.2019) by The Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1047), reg. 1, Sch. 1 para. 20 (with reg. 5)
F8Words in s. 157(1)(a) substituted (S.) (13.5.2002) by 2002 asp 5, s. 20(1); S.S.I. 2002/170, art. 2(2)
F9Sum in s. 157(2) substituted (17.4.1995) by S.I. 1995/889, art. 2
F10Sum in s. 157(2) substituted (17.4.1995) by S.I. 1995/889, art. 2
Modifications etc. (not altering text)
C6S. 157 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)
(1)Subsection (2) below applies where—
(a)medical or surgical treatment or examination is immediately required as a result of bodily injury (including fatal injury) to a person caused by, or arising out of, the use of a motor vehicle on a road, and
(b)the treatment or examination so required (in this Part of this Act referred to as “emergency treatment”) is effected by a legally qualified medical practitioner.
(2)The person who was using the vehicle at the time of the event out of which the bodily injury arose must, on a claim being made in accordance with the provisions of section 159 of this Act, pay to the practitioner (or, where emergency treatment is effected by more than one practitioner, to the practitioner by whom it is first effected)—
(a)a fee of [F4£21.30] in respect of each person in whose case the emergency treatment is effected by him, and
(b)a sum, in respect of any distance in excess of two miles which he must cover in order—
(i)to proceed from the place from which he is summoned to the place where the emergency treatment is carried out by him, and
(ii)to return to the first mentioned place,
equal to [F541 pence] for every complete mile and additional part of a mile of that distance.
(3)Where emergency treatment is first effected in a hospital, the provisions of subsections (1) and (2) above with respect to payment of a fee shall, so far as applicable, but subject (as regards the recipient of a payment) to the provisions of section 159 of this Act, have effect with the substitution of references to the hospital for references to a legally qualified medical practitioner.
(4)Liability incurred under this section by the person using a vehicle shall, where the event out of which it arose was caused by the wrongful act of another person, be treated for the purposes of any claim to recover damage by reason of that wrongful act as damage sustained by the person using the vehicle.
Extent Information
E2This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
Textual Amendments
F4Words in s. 158(2)(a) substituted (17.4.1995) by S.I. 1995/889, art. 3
F5Words in s. 158(2)(b) substituted (17.4.1995) by S.I. 1995/889, art. 3
Modifications etc. (not altering text)
C4S. 158 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)
(1)Subsection (2) below applies where—
(a)medical or surgical treatment or examination is immediately required as a result of bodily injury (including fatal injury) to a person caused by, or arising out of, the use of a motor vehicle on a road [F11or in some other public place], and
(b)the treatment or examination so required (in this Part of this Act referred to as “emergency treatment”) is effected by a legally qualified medical practitioner.
(2)The person who was using the vehicle at the time of the event out of which the bodily injury arose must, on a claim being made in accordance with the provisions of section 159 of this Act, pay to the practitioner (or, where emergency treatment is effected by more than one practitioner, to the practitioner by whom it is first effected)—
(a)a fee of [F12£21.30] in respect of each person in whose case the emergency treatment is effected by him, and
(b)a sum, in respect of any distance in excess of two miles which he must cover in order—
(i)to proceed from the place from which he is summoned to the place where the emergency treatment is carried out by him, and
(ii)to return to the first mentioned place,
equal to [F1341 pence] for every complete mile and additional part of a mile of that distance.
(3)Where emergency treatment is first effected in a hospital, the provisions of subsections (1) and (2) above with respect to payment of a fee shall, so far as applicable, but subject (as regards the recipient of a payment) to the provisions of section 159 of this Act, have effect with the substitution of references to the hospital for references to a legally qualified medical practitioner.
(4)Liability incurred under this section by the person using a vehicle shall, where the event out of which it arose was caused by the wrongful act of another person, be treated for the purposes of any claim to recover damage by reason of that wrongful act as damage sustained by the person using the vehicle.
Extent Information
E4This version of this provision extends to Scotland only; a separate version extends to England and Wales only
Textual Amendments
F11Words in s. 158(1)(a) inserted (13.5.2002) by 2002 asp 5, s. 20(2); S.S.I. 2002/170, art. 2(2)
F12Words in s. 158(2)(a) substituted (17.4.1995) by S.I. 1995/889, art. 3
F13Words in s. 158(2)(b) substituted (17.4.1995) by S.I. 1995/889, art. 3
Modifications etc. (not altering text)
C7S. 158 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)
(1)A payment falling to be made under section 157 or 158 of this Act in respect of treatment in a hospital must be made [F6to the hospital]
(2)A claim for a payment under section 158 of this Act may be made at the time when the emergency treatment is effected, by oral request to the person who was using the vehicle, and if not so made must be made by request in writing served on him within seven days from the day on which the emergency treatment was effected.
(3)Any such request in writing—
(a)must be signed by the claimant or, in the case of a hospital, by an executive officer of [F7the hospital claiming the payment].
(b)must state the name and address of the claimant, the circumstances in which the emergency treatment was effected, and that it was first effected by the claimant or, in the case of a hospital, in the hospital, and
(c)may be served by delivering it to the person who was using the vehicle or by sending it in a prepaid registered letter, or the recorded delivery service, addressed to him at his usual or last known address.
(4)A payment made under section 158 of this Act shall operate as a discharge, to the extent of the amount paid, of any liability of the person who was using the vehicle, or of any other person, to pay any sum in respect of the expenses or remuneration of the practitioner or hospital concerned of or for effecting the emergency treatment.
(5)A chief officer of police must, if so requested by a person who alleges that he is entitled to claim a payment under section 158 of this Act, provide that person with any information at the disposal of the chief officer—
(a)as to the identification marks of any motor vehicle which that person alleges to be a vehicle out of the use of which the bodily injury arose, and
(b)as to the identity and address of the person who was using the vehicle at the time of the event out of which it arose.
Textual Amendments
F6Words in s. 159(1) substituted (5.4.1999) for s. 159(1)(a)-(c) by 1999 c. 3, s. 18(2)(a); S.I. 1999/1075, art. 2
F7It is provided that words in s. 159(3)(a) substituted (5.4.1999) by 1999 c. 3, s. 18(2)(b); S.I. 1999/1075, art. 2
Modifications etc. (not altering text)
C5S. 159: transfer of functions (1.7.1999) by S.I. 1999/672, arts. 1, 2, Sch. 1
S. 159 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)
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