clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e
  Maryland State Archives | Index | Help | Search search for:
clear space
white space
Session Laws, 1972
Volume 708, Page 302   View pdf image
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

302                              Laws of Maryland                        [Ch. 73

for damages to property in any one accident. Where there are three
or more qualified claimants, the court or courts shall order payments
on a pro rata basis.

(b)    Deductions.There shall be deducted from the applicable
maximum amount set forth in subsection (a) of this section or from
the amount of the judgment, whichever is smaller, the total of the
following:

(1)    From any judgment or portion thereof representing dam-
ages to real or personal property, one hundred dollars ($100.00);

(2)    All amounts that the applicant has received or, in the opinion
of the court, is likely to receive from any source, toward payment of
the judgment;

(3) All amounts that the applicant has received, or in the opinion
of the court, is likely to receive, toward payment of a judgment of
claim against any person against whom the applicant has a cause of
action for damages for bodily injury or death or damage to property,
arising out of the same accident;

(4) All amounts that the applicant has received, or in the opinion
of the court, is likely to receive under any policy affording indemnity
for damage to or destruction of his real or personal property;

(5) All amounts that the applicant has received, or, in the
opinion of the court, is likely to receive, by reason of the accident
out of which applicant's claim arises, under or because of any work-
men's compensation law. Medical, hospital, funeral, or other bene-
fits paid or payable on behalf of the applicant under the WORK-
MEN'S COMPENSATION law shall be deemed, for the purposes of
this subtitle, to be received or receivable by the applicant.

(c)    Recovery of excess paid out of Fund.Any amount paid out
of the Fund in excess of the amount authorized under this subtitle
may be recovered by the Fund in an action brought by it against the
person receiving it.

(d)    Effect of workmen's compensation or similar law.Notwith-
standing the provisions of any workmen's compensation or similar
law to the contrary, neither the employer of an injured person or
decedent nor the insurer of such employer shall be entitled to a lien
on payment from the Fund where the amount of the payment has
been reduced by the amount of benefits paid or to be paid pursuant
to any workmen's compensation or similar law, nor shall the work-
men's compensation benefits be reduced because of the reduced pay-
ment from the Fund.

243J. Subrogation.

When judgment has been obtained against the Fund in an action
brought under Section 243H, the Fund, upon payment of the amount
of the judgment to the extent provided in this subtitle, shall be
subrogated to the cause of action of the judgment creditor against
the operator or owner of the motor vehicle by which the accident
was occasioned, and shall be (i) entitled to bring an action against
either or both persons for the amount of the damage sustained by
the judgment creditor when and if the identity of either or both
persons is established, and the whereabouts of either or both persons
is established, (ii) entitled to recover the same out of any funds which


 

clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Session Laws, 1972
Volume 708, Page 302   View pdf image
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  October 11, 2023
Maryland State Archives