78. The Gouvernement du Québec is subrogated by operation of law to any user with respect to any right of recovery against a third person up to the cost of the services it has assumed following injury caused through the fault of that third person. Any claim by the Government must be notified to the third person by way of a notice stating the amount of the debt and the reasons for which the debt is due.
In case of contributory negligence the amount of such subrogation shall be subject to reduction in the same proportion as the user’s remedy.
The Minister has the power to transact on any claim arising from this section and he may delegate that power.
The insurer of the liability of a third person shall not discharge his obligation to indemnify the latter for his liability under this section otherwise than by payment.
An undertaking by a person to discharge a third person’s or an insurer’s liability under this section or to compensate him for it is shall be deemed unwritten in any agreement, transaction or release.
The rights acquired by the effect of the subrogation provided for in this section are part of the domain of the State from the time they arose and are subject to the rules applicable to rights included therein; however, the resulting right of action is prescribed by three years.
An institution must, on a request by the Minister specifying the nature of the information or documents sought, communicate to the Minister any information or document contained in the insured person’s record that is necessary to exercise a right of recovery under the first paragraph, provided the institution has informed the insured person of the nature of the information or documents to be communicated to the Minister within a reasonable time before they are sent.
For the purposes of this section, “insurer of a third person’s liability” also means a person or group of persons that provides coverage which may otherwise be obtained under a liability insurance contract.
1991, c. 42, s. 78; 1999, c. 40, s. 269; 2016, c. 28, s. 7811.