CHAPTER 511

An Act to amend the Code of Virginia by adding thereto a section num-
bered 48-63.1, giving a lien to certain persons furnishing ambulance
service and providing for enforcement of the same. [S268]

Approved March 30, 1956

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding thereto a section
numbered 43-63.1 as follows:

§ 43-63.1. Whenever a person is injured on any highway in this State
and is given ambulance service as a result of such injury, the person fur-
nishing such ambulance service shall have a lien for the amount of a just
and reasonable charge for the service rendered but not to exceed fifty
dollars on the claim of such injured person or of his personal repre-
sentative, against the person, firm or corporation whose negligence is alleged
to have caused such injuries.

No such lien shall be created or become effective unless and until a
written notice setting forth the name of the person furnishing the ambu-
lance service, the name of the injured person, and the date and place such
person is alleged to have sustained injuries, shall have been served upon or
given to the person, firm or corporation whose negligence is alleged to have
caused such injuries or to the attorney for the injured party.

Such notice when served upon or given to either shall have the effect of
making such party liable for the reasonable charges for the service ren-
dered to the injured person to the extent of the amount paid to or received
by such injured party or his personal representative exclusive of attorney’s
fees but not in excess of the maximum amounts prescribed herein. Pro-
vided that nothing contained herein shall be construed as imposing liability
on any person, firm or corporation whose negligence is alleged to have
caused injuries to the person so receiving such ambulance service or on the
attorney for the injured party where no settlement is made, or in the case
of an attorney, where no funds come into his hands, or where no judgment
is obtained in favor of such injured party or his personal representative.

Should the person who received ambulance service question the reason-
ableness of the charges made therefor, he may file, in the court that would
have jurisdiction of such claim if such claim were asserted against him by
such person rendering the service, a petition setting forth the facts and the
court shall hear and dispose of the same in a summary way after five days’
notice to such claimant; and also in such case the claimant may file such
petition in the court having jurisdiction if such claim were asserted against
the injured party or his personal representative, and after five days’ notice
the court shall hear and dispose of same in a summary way.

If suit is instituted by such injured person or his personal repre-
sentative, the person rendering ambulance service may, in lieu of proceed-
ing according to the provisions of this section, file in the court wherein such
suit is pending a petition to enforce the lien given hereunder, which petition
shall be heard and disposed of in a summary way.