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RULE 15-804. UNIDENTIFIED OR DISAPPEARING MOTORIST--ACTION AGAINST FUND

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 15-804
RULE 15-804. UNIDENTIFIED OR DISAPPEARING MOTORIST--ACTION AGAINST FUND
(a) Against Whom Brought. An action on a claim against an unidentified or disappearing motorist shall be brought against the Fund.
(b) Condition Precedent to Action Against Fund. Prior to bringing an action against the Fund for damages resulting from an act or omission of an unidentified motorist or a disappearing motorist, the claimant shall first present a request to the Executive Director, in the manner and form prescribed by the Executive Director, for a stipulation by the Fund that the claimant has met the procedural requirements for bringing an action against the Fund.
(c) Venue. The venue of an action against the Fund shall be either the county in which the claimant resides or the county in which the alleged act or omission by the unidentified motorist or disappearing motorist occurred.
(d) Complaint. In addition to complying with Rules 2-303 through 2-305, the complaint shall contain a statement as to whether the stipulation requested pursuant to section (b) of this Rule was granted or refused. If the stipulation was granted, a copy of the stipulation shall be filed with the complaint.
(e) Motion to Dismiss. If the stipulation requested pursuant to section (b) of this Rule was refused, the Fund, within the time for filing an answer to the complaint, may file a motion to dismiss the complaint for failure of the claimant to meet the procedural requirements for bringing an action against the Fund. This defense may be joined with any other defense raised by motion pursuant to Rule 2-322 and is waived if not raised by motion before an answer is filed. When a motion is filed pursuant to this section, the time for filing an answer is extended without special order of the court to 15 days after entry of an order denying the motion.
(f) Order for Payment.
(1) By Consent. After determination of the claimant's gross damages, the claimant may file 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 determination of the claimant's gross damages, either party may file a motion for an order directing payment by the Fund of a specified amount. The motion shall set forth the deductions required by law.
Cross reference: Code, Insurance Article, ยง 20-602.
Source: This Rule is derived from former Rules BW2, BW3, and BW5.

Credits

[Adopted June 5, 1996, eff. Jan. 1, 1997. Amended May 9, 2000, eff. July 1, 2000.]
MD Rules, Rule 15-804, MD R SPEC P Rule 15-804
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
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