|
MARVIN MANDEL, Governor
703
ADMINISTRATION IN COMPLIANCE WITH THE FINANCIAL
RESPONSIBILITY LAW AS IT EXISTED PRIOR TO JANUARY 1,
1973, SHALL BE TRANSFERRED BY THE COMPTROLLER TO THE
MARYLAND AUTOMOBILE INSURANCE FUND. THE MOTOR VEHICLE
ADMINISTRATION SHALL TRANSFER THE RELATED FINANCIAL
RESPONSIBILITY CASE FILES TO THE MARYLAND AUTOMOBILE
INSURANCE FUND.
(B) ANY PERSON, OR HIS PERSONAL REPRESENTATIVE,
WHO HAS MADE A SECURITY DEPOSIT OF MONEY UNDER THE
FINANCIAL RESPONSIBILITY LAW AS IT EXISTED PRIOR TO
JANUARY 1, 1973, MAY MAKE APPLICATION TO THE MARYLAND
AUTOMOBILE INSURANCE FUND FOR A REFUND OF THE DEPOSIT,
PROVIDED:
(1) THAT NO ACTION FOR DAMAGES ARISING OUT
OF THE ACCIDENT FOR WHICH THE DEPOSIT WAS MADE IS PENDING
AGAINST THE PERSON ON WHOSE BEHALF THE DEPOSIT WAS MADE;
(2) THAT THERE DOES NOT EXIST ANY UNPAID
JUDGMENT IN FAVOR OF ANY PERSON AS A RESULT OF AN ACTION
ARISING FROM THE ACCIDENT FOR WHICH THE DEPOSIT HAS MADE;
(3) THAT THERE IS NO CLAIM PENDING AGAINST
THE UNSATISFIED CLAIM AND JUDGMENT FUND BOARD OR ITS
SUCCESSOR FOR DAMAGES ARISING OUT OF THE ACCIDENT FOR
WHICH THE DEPOSIT WAS MADE. THE EXISTENCE OF SUCH A
CLAIM AGAINST THE UNSATISFIED CLAIM AND JUDGMENT FUND
BOARD OR ITS SUCCESSOR CONSTITUTES A LIEN AGAINST THE
AMOUNT DEPOSITED IN FAVOR OF THE UNSATISFIED CLAIM AND
JUDGMENT FUND BOARD OR ITS SUCCESSOR.
(C) THE FOREGOING PROVISIONS OF THIS SECTION OR
ANY OTHER PROVISION OF LAW MAY NOT BE CONSTRUED TO
PREVENT THE USE OF THE DEPOSIT TO SATISFY ANY FINAL
JUDGMENT RENDERED AGAINST THE DEPOSITOR THAT HAS BEEN
DOCKETED WITHIN 3 YEARS FROM THE DATE OF THE ACCIDENT AND
NOT ASSIGNED TO THE UNSATISFIED CLAIM AND JUDGMENT FUND
OR ITS SUCCESSOR, OR TO PREVENT THE USE OF THE DEPOSIT IN
THE PAYMENT OF ANY CLAIM UPON INSTRUCTION OF THE
DEPOSITOR.
(D) THE MARYLAND AUTOMOBILE INSURANCE FUND SHALL
PUBLISH THE NAMES OF THE DEPOSITORS OF ALL SECURITY
DEPOSITS TRANSFERRED IN A NEWSPAPER OF GENERAL
CIRCULATION IN THE CITY OR COUNTY IN WHICH EACH DEPOSITOR
IS BELIEVED TO LIVE. IF THE CITY OR COUNTY IS NOT IN THE
STATE OF MARYLAND, THE PUBLICATION SHALL BE IN A
NEWSPAPER OF GENERAL CIRCULATION IN THE CITY OR COUNTY
WHERE THE MARYLAND AUTOMOBILE INSURANCE FUND HAS ITS MAIN
OFFICE. THE PUBLICATION SHALL ADVISE THAT THE DEPOSITOR
IS REQUIRED TO MAKE APPLICATION FOR THE RETURN OF THE
DEPOSIT WITHIN SIX MONTHS OF THE PUBLICATION AFTER WHICH
TIME THE DEPOSIT WILL BECOME THE PROPERTY OF THE MARYLAND
|