Marvin Mandel, Governor 1449
land Rules in respect to service of process apply to a court of compe-
tent jurisdiction for an order permitting him to bring an action
therefor against the Board in such court, and the court shall hold a
hearing upon such application, and may make an order permitting
the applicant to bring such an action against the Board, when the
court is satisfied upon the hearing of the application, that—
(1) The applicant has complied with the requirements of Section
7-606;
(2) The applicant was not at the time of the accident operating
or riding in any uninsured motor vehicle owned by him, nor is he the
personal representative of a person who was operating or riding in
the vehicle;
(3) The applicant was not at the time of the accident operating
a motor vehicle in violation of an order of suspension or revocation,
and is not the personal representative of the person so operating;
(4) The applicant has a cause of action against the operator or
owner of the motor vehicle or against the operator who was oper-
ating the motor vehicle without the consent of the owner of the motor
vehicle; and
(5) All reasonable efforts have been made to ascertain the iden-
tity of the motor vehicle and of the owner and operator thereof and
either that the identity of the motor vehicle and the owner and
operator thereof cannot be established, or that the identity of the
operator, who was operating the motor vehicle without the owner's
consent, cannot be established.
(6) If the court makes an order permitting the applicant to bring
an action against the Board, it shall not be necessary to serve the
Board with process, provided that there be affixed to the complaint
in such action an affidavit signed by the applicant or his counsel that
a copy of said complaint has been sent by registered mail properly
addressed to the Manager of the fund.
§ 7-621. Cases of uninsured motorists whose whereabouts cannot be
ascertained.
Any qualified person, who, after June 1, 1964, suffers damages
resulting from bodily injury or death caused by an operator or
owner whose whereabouts cannot be ascertained, and who has in-
stituted a cause of action against the operator or owner, or both,
in respect to such death or bodily injury for a sum in excess of one
hundred dollars ($100), exclusive of interest and costs, or the per-
sonal representative of the person, upon notice to the Board may
apply to a court of competent jurisdiction for an order permitting
him to bring an action therefor against the Board when the court
is satisfied upon hearing of the application, that
(1) The applicant has complied with the requirements of Section
7-606;
(2) The applicant was not at the time of the accident, operating
or riding in any uninsured motor vehicle owned by him, nor is he
the personal representative of a person who was operating or riding
in the vehicle;
|