WILLIAM DONALD SCHAEFER, Governor Ch. 77

in a summary manner, and if it is satisfied that this section or any other applicable
provisions of this subtitle have been complied with, it may enter judgment against the
defendant or uninsured party in favor of the plaintiff or Fund in the amount of the
settlement offer. The defendant or uninsured party has 10 days in which to appeal from
the date of the entry of the judgment. On the expiration of 10 days from the entry of any
judgment entered under this section, the judgment is not subject to appeal, amendment,
or other action of the court, unless there is proof of fraud, mutual mistake, or obvious
irregularity.

(4) In any action which is the subject of this section in which a default
judgment has been taken for want of a plea by a defendant other than the Fund, or in
which the judgment was obtained with the consent of the defendant without the
knowledge and approval of the Fund, the Fund shall have 30 days after receipt of actual
notice of the entry of the judgment to answer or to make application for relief against
the judgment and leave to answer and defend the action.

(5) The Fund may elect to intervene or defend any action brought under
this section, and the Fund shall have available to it any and all defenses which would
have been, or are, available to the uninsured owner or operator.

(6) In any case in which the Fund has intervened under this subsection, the
defendant shall cooperate with the Fund in the defense of the action. If the defendant
fails to cooperate, the Fund may apply to the court for an order directing cooperation
or proceed as provided for under this subsection.

(7) Any final order, decree, or judgment of any court rendered under this
section and the rules adopted by the Fund and the Court of Appeals which debars a
claimant from further proceeding against the Fund or denies the claim or which awards
or allows the claimant less than that to which the claimant believes he is entitled and,
except as provided for in paragraph (3)(iii) of this subsection, any final order, decree, or
judgment of any court by which the uninsured or the Fund or any other party is
aggrieved shall be appealable to the appropriate court including the Court of Appeals
in the manner provided by law and rule of court.

(e) As a condition precedent to the right to apply or sue for payment from the
Fund under this section, notice of a claim for damages must be filed with the Fund as
provided for in this section within 180 days of the accident out of which the cause of
action accrues. If notice of claim is not filed within the time period specified in this
subsection, no claim or suit may be filed or maintained unless the claimant provides
proof that:

(1) He was physically incapable of giving the notice within the required
period and that he gave notice within 30 days after he became physically capable of
doing so, or in the event that he did not become so capable that a notice was given on
his behalf within a reasonable period;

(2) He gave the required notice within 30 days of receiving notice that an
insurer has disclaimed on a policy of insurance so as to remove or withdraw liability
insurance coverage for his claim against a person or persons who allegedly caused him
to suffer damages; or

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