DISCUȚII CU PRIVIRE LA CALITATEA DE CREDITOR DE ASIGURARE PENTRU RECUPERAREA CHELTUIELILOR DE SPITALIZARE A UNITĂȚILOR SPITALICEȘTI

Article 2 (3), respectively Article 4 (1) a) and b) (iii) of the Law No 213/2015 only indicates the general characteristics of the insurance claim and of the insurance creditor – the injured person, in that the indemnity must be based on the insurance contract and the damage suffered must be the consequence of the occurrence of a risk covered by an insurance contract of civil liability. Hospital units must demonstrate that the rights they claim have been definitively classed by a court as representing compensation due under an MTPL insurance contract to a person injured by the automobile accident. The court cannot give a further legal characterization of those rights (in the sense that the damage is not the result of the accident and that the compensation is not due under the insurance contract) because it would amount to contradicting the earlier judgment and to cancel an existing right recognized to hospital units. This right must be considered as complying with the provisions of the Law No 213/2015 and hence opposable, even by the effect of the Law No 213/2015, to the Guarantee Fund for the Insured.