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RULE 15-803. UNINSURED MOTORIST--ACTION AGAINST MOTORIST

West's Annotated Code of MarylandMaryland Rules

West's Annotated Code of Maryland
Maryland Rules
Title 15. Other Special Proceedings
Chapter 800. Maryland Automobile Insurance Fund
MD Rules, Rule 15-803
RULE 15-803. UNINSURED MOTORIST--ACTION AGAINST MOTORIST
Currentness
(a) Against Whom Brought. An action on a claim against an uninsured motorist shall be brought against the uninsured motorist. The Fund shall not be named as a defendant.
(b) Notice to Executive Director. Within 15 days after the filing of the complaint, the claimant shall mail a copy of the complaint and summons to the Executive Director. Failure to give notice pursuant to this section shall not defeat the claim against the Fund if the Fund has reasonable notice of the pendency of the action and a reasonable opportunity to defend.
(c) Order for Payment.
(1) By Consent. After entry of a money judgment against the uninsured motorist, the claimant may file with the court a stipulation, signed by the Executive Director, setting forth the deductions required by law and consenting to entry of an order directing payment of a specified amount by the Fund.
(2) On Motion. After entry of a money judgment against the uninsured motorist, the claimant may file a motion for payment of a specified amount by the Fund. The motion shall be supported by affidavit, shall set forth the grounds for entitlement to payment by the Fund and all the deductions required by law, and shall be served on the Executive Director.
Cross reference: See Code, Insurance Article, ยง 20-602, for required deductions from payment by the Fund.
Source: This Rule is derived from former Rules BW4 and BW6.

Credits

[Adopted June 5, 1996, eff. Jan. 1, 1997. Amended May 9, 2000, eff. July 1, 2000.]
MD Rules, Rule 15-803, MD R SPEC P Rule 15-803
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
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