WILLIAM DONALD SCHAEFER, Governor Ch. 77

in his household 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 operator's license, and is not the personal
representative or a member of the family residing in the household of a person so
operating;

(iii) The claimant has a cause of action against the operator or owner,
or both, of the motor vehicle whose whereabouts cannot be ascertained;

(iv) All reasonable efforts have been made to ascertain the
whereabouts of the operator or owner, or both, of the vehicle; 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 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 the State and caused by an uninsured operator or owner whose
whereabouts are ascertainable for the purpose of serving process; provided that:

(i) The claimant is not a spouse or a member of the family residing
in the household of the uninsured operator or the personal representative of such a
spouse;

(ii) 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 a person who was operating
or riding in such a vehicle;

(iii) 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 operator's license, and is not the personal
representative or a member of the family residing in the household of a person so
operating;

(iv) The claim is not being made for damage to or destruction of an
uninsured motor vehicle owned wholly or partly by him;

(v) The claim is not made by or on behalf of any insurer by reason of
the existence of a policy of insurance whereby the insurer is liable to pay, in whole or in
part, the amount of the claim or by or on behalf of any insurer for any amount sought
or claimed for damages to or destruction to the claimant's or an insured's real or
personal property including automobiles by reason of collision with an automobile or
object or by upset of the automobile, or by reason of coverage afforded the insured
providing indemnification from injury or damages caused by uninsured motorists, and
that no part of the amount to be paid out of the Fund is sought in lieu of making a claim
or receiving a payment which is payable by reason of the existence of such a policy of

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