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Session Laws, 1972
Volume 708, Page 300   View pdf image
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300                                 Laws of Maryland                          [Ch. 73

ownership, maintenance or use of a motor vehicle in this State and
caused by an operator or owner whose whereabouts cannot be ascer-
tained, 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 a person who was 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 a person so
operating;

(iii) the claimant has instituted a cause of action against the
operator or owner, or both, of the motor vehicle whose whereabouts
cannot be ascertained in order to effect service under the Maryland
Rules of Procedure and service of process in the cause of action has
twice been returned non est;

(iv) all reasonable efforts have been made to ascertain the
whereabouts of the operator or owner, or both, of the vehicle in order
to obtain personal service under the Maryland Rules of Procedure
and he cannot be located; and

(v) the motor vehicle was, at the time of the accident, uninsured
or it is impossible to ascertain, after all reasonable efforts have been
made, whether the motor vehicle was insured or uninsured.

(3) Claims based upon a valid unsatisfied judgment recovered
by a qualified person or the
personal representative of a qualified

person for an amount in excess of $100.00, exclusive of costs and

interest, in any court of competent jurisdiction in this State, against
any other person who was the operator or owner of a motor vehicle,

for injury to or death of, any person or persons or for damages to

property, except property of others in charge of the operator or
owner or the operator's or owner's employees, arising out of the

ownership, maintenance, or use of the motor vehicle in this State,

to the extent that any amount in excess of $100 remains unpaid

thereon; provided that CLAIMS FOR THE DEATH OF OR PER-
SONAL INJURY TO A QUALIFIED PERSON OR FOR DAMAGE
TO PROPERTY IN EXCESS OF $100.00 ARISING OUT OF THE
OWNERSHIP, MAINTENANCE OR USE OF A MOTOR VEHI-
CLE IN THE STATE AND CAUSED BY AN UNINSURED
OPERATOR OR OWNER WHOSE WHEREABOUTS ARE AS-
CERTAINABLE FOR THE PURPOSE OF SERVING PROCESS;
PROVIDED THAT

(i) the judgment is a final one and all proceedings related thereto,
including reviews and appeals, have been terminated or the
time for

seeking review or appeal has lapsed;

(ii I) the claimant is not a spouse of the judgment debtor UN-
INSURED OPERATOR or the personal representative of such a
spouse;

(iii II) the claimant was not, at the time of the accident, operat-
ing or riding in an uninsured motor vehicle owned by him and is not
the personal representative of a person who was operating or riding
in such a vehicle;


 

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Session Laws, 1972
Volume 708, Page 300   View pdf image
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