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§ 20-609. Subrogation of Fund to rights of claimant

West's Annotated Code of MarylandInsurance

West's Annotated Code of Maryland
Insurance (Refs & Annos)
Title 20. Maryland Automobile Insurance Fund (Refs & Annos)
Subtitle 6. Unsatisfied Claims (Refs & Annos)
MD Code, Insurance, § 20-609
§ 20-609. Subrogation of Fund to rights of claimant
Currentness
In general
(a) Whenever the Fund makes payment in an action brought or claim made under this subtitle, the Fund shall be subrogated to the cause of action of the claimant receiving the payment against the driver or owner of the motor vehicle by which the accident was occasioned.
Action by Fund for recovery of payment
(b) The Fund:
(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.
Amount recovered greater than amount paid out of Fund
(c) 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.
Limitations
(d) 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.

Credits

Added by Acts 1996, c. 11, § 1, eff. Oct. 1, 1997.
Formerly Art. 48A, § 243J.
MD Code, Insurance, § 20-609, MD INSURANCE § 20-609
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document