Home Table of Contents

§ 20-602. Restrictions on amounts payable from Fund

West's Annotated Code of MarylandInsuranceEffective: October 1, 2012

West's Annotated Code of Maryland
Insurance (Refs & Annos)
Title 20. Maryland Automobile Insurance Fund (Refs & Annos)
Subtitle 6. Unsatisfied Claims (Refs & Annos)
Effective: October 1, 2012
MD Code, Insurance, § 20-602
§ 20-602. Restrictions on amounts payable from Fund
Currentness
Maximum amount payable from Fund
(a) The maximum amount payable from the Fund, exclusive of interest and costs, for claims filed under this subtitle arising from one accident is:
(1) $30,000 on account of injury to or death of one individual;
(2) subject to the limit specified in item (1) of this subsection, $60,000 on account of injury to or death of more than one individual; and
(3) $15,000 for damages to property.
Deductions
(b)(1) The following deductions shall be made from the smaller of the applicable maximum amount under subsection (a) of this section and the amount of the judgment:
(i) $250 from a judgment or part of a judgment for damages to property; and
(ii) the total amount that the claimant has received or is likely to receive:
1. from any source toward payment of the settlement or judgment;
2. toward payment of a judgment against a person against whom the claimant has a cause of action, arising out of the same accident, for damages for bodily injury or death or damage to property;
3. under a policy affording indemnity for damage to or destruction of property of the applicant; and
4. by reason of the accident out of which the claim arises under any workers' compensation law.
(2) For the purposes of this subtitle, medical, hospital, funeral, or other benefits paid or payable for the applicant under the Maryland Workers' Compensation Act1 shall be considered to be received or receivable by the claimant.
Recovery by Fund after payment exceeding amount authorized
(c) The Fund may recover any amount paid out of the Fund that exceeds the amount authorized under this subtitle by bringing an action against the person that received the excess payment.
Reduction of payment due to benefits
(d)(1) Notwithstanding any workers' compensation law or similar law to the contrary, whenever the amount of a payment by the Fund has been reduced by the amount of benefits paid or to be paid in accordance with a workers' compensation law or similar law, the employer of an injured person or decedent and the insurer of that employer is not entitled to a lien on payment from the Fund.
(2) Workers' compensation benefits may not be reduced because of the reduced payment from the Fund.

Credits

Added by Acts 1996, c. 11, § 1, eff. Oct. 1, 1997. Amended by Acts 1999, c. 681, § 1, eff. Oct. 1, 1999; Acts 2012, c. 460, § 1, eff. Oct. 1, 2012.
Formerly Art. 48A, § 243-I.

Footnotes

1
Labor and Employment, § 9-101 et seq.
MD Code, Insurance, § 20-602, MD INSURANCE § 20-602
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