1993 LAWS OF MARYLAND

(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 the person so 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 the person so operating;

(iii) The claimant has a cause of action against the operator or owner
of the motor vehicle or against the operator who was operating the motor vehicle without
the consent of the owner of the motor vehicle; and

(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] $250, 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 a cause of action against the operator or owner,
or both, of the motor vehicle whose whereabouts cannot be ascertained;

(iv) All reasonable efforts have been made to ascertain the
whereabouts of the operator or owner, or both, of the vehicle; 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] $250 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;.

- 1872 -

Ch. 323