Ch. 77 LAWS OF MARYLAND
Section 243H and 243J

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article 48A - Insurance Code

243H.

(a) The following types of claims 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 or a member of his family residing
in his household 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 ah order of suspension, cancellation, or revocation with
respect to a certificate of registration or an operator's license and is not the personal
representative or a member of the family residing in the household 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 ownership, maintenance or use
of a motor vehicle in this State and caused by an operator or owner whose whereabouts
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 or a member of his family residing

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