WILLIAM DONALD SCHAEFER, Governor Ch. 39 2

(iv) All reasonable efforts have been made to
ascertain the identity of the motor vehicle and of the owner and
operator thereof and either the identity of the motor vehicle and
the owner and operator thereof cannot be established, or the
identity of the operator who was operating the motor vehicle
without the owner's consent cannot be established.

(2)  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 this State and caused by an operator or owner whose
whereabouts cannot be ascertained, provided that:

(i) 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;

(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 [instituted] a cause of
action against the operator or owner, or both, of the motor
vehicle whose whereabouts cannot be ascertained [in order to
effect service under the Maryland Rules of Procedure and service
of process in the cause of action has twice been returned non
est];

(iv) All reasonable efforts have been made to
ascertain the whereabouts of the operator or owner, or both, of
the vehicle [in order to obtain personal service under the
Maryland Rules of Procedure and he cannot be located]; 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;

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