PARRIS N. GLENDENING, Governor                                   Ch. 11

(1)      IF THE IDENTITY AND WHEREABOUTS ARE ESTABLISHED OF THE
PERSON THAT IS THE DRIVER OR OWNER, MAY BRING AN ACTION AGAINST THAT
PERSON FOR THE AMOUNT OF DAMAGE THE CLAIMANT SUSTAINS; AND

(2)      MAY RECOVER THAT AMOUNT OUT OF ANY MONEY PAYABLE WITH
RESPECT TO DEATH OR INJURY UNDER ANY POLICY IN FORCE WHEN THE ACCIDENT
OCCURRED.

(C)     EXCESS RECOVERY BY FUND.

IF THE AMOUNT RECOVERED IN AN ACTION UNDER SUBSECTION (B) OF THIS
SECTION IS GREATER THAN THE AMOUNT PAID OUT OF THE FUND, THE FUND:

(1)      FIRST, SHALL REIMBURSE ITSELF AS PROVIDED IN § 20-608 OF THIS
SUBTITLE; AND

(2)      SECOND:

(I)       SHALL COLLECT AND PAY THE UNPAID BALANCE TO THE
CLAIMANT; OR

(II)     SHALL ASSIGN AND TRANSFER TO THE CLAIMANT ANY
JUDGMENT, NOTE, OR OTHER RIGHT, INTEREST, OR CAUSE OF ACTION THAT THE
FUND HAS AGAINST THE UNINSURED DRIVER OR OWNER.

(D)     TIME FOR BRINGING ACTION.

NOTWITHSTANDING ANY OTHER STATUTE OF LIMITATIONS, THE FUND MAY
BRING AN ACTION AGAINST THE PERSON THAT IS THE DRIVER OR OWNER WITHIN 6
MONTHS AFTER THE IDENTITY AND WHEREABOUTS OF THAT PERSON ARE
ESTABLISHED.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 48A, § 243J.

In subsections (a), (b), and (d) of this section, the references to a "driver" are
substituted for the former references to an "operator". See the General
Revisor's Note to this title.

In subsections (b) and (d) of this section, the reference to "the person" is
substituted for the reference to "either or both persons" for brevity.

In subsection (d) of this section, the reference to identity "and" whereabouts
is substituted for the former reference to identity "or" whereabouts to
conform to the terminology of subsection (a)(1) of this section.

Defined terms: "Fund" § 20-101
"Person" §§ 1-101 and 20-101
"Policy" § 1-101

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