151. The Gouvernement du Québec shall be ipsofacto subrogated in the right of recovery of any beneficiary against any third party to the extent of the cost of the services assumed or to be assumed by it in respect of damage caused by the fault of such third party.
In case of contributory negligence the amount of such subrogation shall be subject to reduction in the same proportion as the beneficiary’s right of recovery.
The Minister shall have authority to compromise any claim under this section and may delegate such authority.
An insurer of a third party’s liability shall notify the Board in writing as soon as he begins negotiations to settle a claim for any injury susceptible of entailing the payment of insured services.
An insurer of a third party’s liability shall not discharge his obligation to indemnify the latter of his liability under this section otherwise than by payment.
An undertaking by a person to discharge a third party’s or an insurer’s liability under this section or to save them harmless from such liability shall be invalid and be deemed unwritten in any agreement, transaction or release.
The rights acquired by the subrogation provided for in this section shall form part of the public domain of Québec from their origin and are subject to the rules applicable to the rights forming part thereof; however, the right of action resulting therefrom shall be prescribed by three years.
1971, c. 48, s. 109; 1974, c. 42, s. 57; 1977, c. 5, s. 14; 1986, c. 57, s. 6; 1989, c. 50, s. 45.