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Session Laws, 1972
Volume 708, Page 299   View pdf image
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Marvin Mandel, Governor                         299

inclusive, of Article 66½ of the Annotated Code of Maryland (1970
Replacement Volume), shall continue in effect with respect to all
such claims covered by the provisions of this section notwithstanding
any repeal of those sections generally; and, except that any refer-
ence to the Unsatisfied Claim and Judgment Fund Board or the
Board in said sections or in any other laws, ordinances, rules,
regulations, directives, legal actions, contracts, or other documents
shall be deemed to refer to the Executive Director, all such claims
shall be processed and resolved in accordance therewith.

(b) All persons who are as of December 81, 1972, employees of
the Unsatisfied Claim and Judgment Fund, not including members
of the Board of said Fund, are hereby confirmed in the position and
classification which they hold as of December 31, 1972, as employees
of the Fund, until they retire, resign, or are removed as provided
by law.

243H. Claims not covered by insurance arising after January 1,
1973.

(a) The following types of claims arising after January 1, 1973,
may be made against the Fund under this section subject to the
provisions of this subtitle, and to the extent that the claim is not
covered by a policy of motor vehicle liability insurance:

(1) Claims for the death of or personal injury to a qualified
person or for damage to property in excess of $100, arising out of the
ownership, maintenance or use of a motor vehicle in this State where
the identity of the motor vehicle and of the operator and owner
thereof cannot be ascertained or it is established that the motor
vehicle, at the time the accident occurred, was in the possession of
some person other than the owner without the owner's consent and
that the identity of the person cannot be ascertained; provided that

(i)    the claimant was not, at the time of the accident, operating
or riding in an uninsured motor vehicle owned by him and is not the
personal representative of the person so operating or riding in such a
vehicle;

(ii) the claimant was not at the time of the accident operating
a motor vehicle in violation of an order of suspension, cancellation,
or revocation with respect to a certificate of registration or an opera-
tor's license and is not the personal representative of the person so
operating;

(iii) the claimant has a cause of action against the operator or
owner of the motor vehicle or against the operator who was operating
the motor vehicle without the consent of the owner of the motor
vehicle; and

(iv) all reasonable efforts have been made to ascertain the
identity of the motor vehicle and of the owner and operator thereof
and either the identity of the motor vehicle and the owner and
operator thereof cannot be established, or the identity of the operator
who was operating the motor vehicle without the owner's consent
cannot be established.

(2)    Claims for the death of or personal injury to a qualified
person or for damage to property in excess of $100, arising out of the


 

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Session Laws, 1972
Volume 708, Page 299   View pdf image
 Jump to  
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