Ch. 11

1996 LAWS OF MARYLAND

(2)      (I) THE IDENTITY OF THE MOTOR VEHICLE AND OF ITS DRIVER
AND OWNER CANNOT BE ESTABLISHED; OR

(II) THE IDENTITY OF THE INDIVIDUAL WHO WAS DRIVING THE
MOTOR VEHICLE CANNOT BE ESTABLISHED AND IT IS ESTABLISHED THAT, AT THE
TIME OF THE ACCIDENT, THE MOTOR VEHICLE WAS IN THE POSSESSION OF AN
INDIVIDUAL OTHER THAN THE OWNER WITHOUT THE OWNER'S CONSENT;

(3)      THE CLAIMANT HAS A CAUSE OF ACTION AGAINST THE DRIVER OR
OWNER OF THE MOTOR VEHICLE; AND

(4)      ALL REASONABLE EFFORTS TO ESTABLISH THE IDENTITY OF THE
MOTOR VEHICLE AND OF ITS OWNER AND DRIVER ARE UNSUCCESSFUL.

(D)     DISAPPEARING DRIVER OR OWNER; UNINSURED MOTOR VEHICLE.

A CLAIM THAT ARISES OUT OF OWNERSHIP, MAINTENANCE, OR USE OF A
MOTOR VEHICLE IN THE STATE MAY BE MADE AGAINST THE FUND IF:

(1)      THE REQUIREMENTS OF SUBSECTION (B) OF THIS SECTION ARE MET;

(2)      THE CLAIMANT HAS A CAUSE OF ACTION AGAINST THE DRIVER OR
OWNER OF THE MOTOR VEHICLE;

(3)      DESPITE ALL REASONABLE EFFORTS, THE DRIVER OR OWNER OF
THE MOTOR VEHICLE CANNOT BE LOCATED; AND

(4)      (I) AT THE TIME OF THE ACCIDENT THE MOTOR VEHICLE WAS AN
UNINSURED MOTOR VEHICLE; OR

(II) DESPITE ALL REASONABLE EFFORTS, IT IS IMPOSSIBLE TO
ESTABLISH WHETHER THE MOTOR VEHICLE WAS INSURED.

(E)     UNINSURED DRIVER OR OWNER AVAILABLE FOR SERVICE OF PROCESS.

(1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, A CLAIM THAT
ARISES OUT OF THE OWNERSHIP, MAINTENANCE, OR USE OF A MOTOR VEHICLE IN
THE STATE MAY BE MADE AGAINST THE FUND IF:

(I)       THE REQUIREMENTS OF SUBSECTION (B) OF THIS SECTION ARE
MET;

(II)     THE DRIVER OR OWNER OF THE MOTOR VEHICLE IS
UNINSURED AND CAN BE LOCATED FOR SERVICE OF PROCESS;

(III)    1. THE CLAIMANT IS NOT THE UNINSURED DRIVER'S
SPOUSE WHO RESIDES IN THE UNINSURED DRIVER'S HOUSEHOLD OR ANOTHER
FAMILY MEMBER WHO RESIDES IN THE. UNINSURED DRIVER'S HOUSEHOLD; AND

2. THE CLAIMANT IS NOT THE PERSONAL REPRESENTATIVE
OF THE SPOUSE WHO RESIDED IN THAT HOUSEHOLD;

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