Sec. 14.07.04.05. Settlement of Claims Involving a Disappearing Motorist or Unidentified Motorist

A. It is the policy of the Fund to settle uninsured persons' claims as promptly as possible once the Notice of Claim is completed and filed with all appropriate documents, and without court involvement whenever possible. However, in some cases a claimant may be required to file suit. The Fund has the right to deny any claim, in whole or in part, in accordance with applicable law.

B. Whenever a disappearing motorist has injured a claimant or damaged the claimant's property, the claimant shall show, before any payment can be made, that all reasonable efforts have been made to learn the whereabouts of the owner and operator of the uninsured vehicle, for the purpose of filing a legal action against the owner and operator and obtaining personal service of process on them as required by the Maryland Rules of Procedure, but that they cannot be located. The claimant shall also show that the suit papers have been twice returned, unserved on the owner and operator of the uninsured vehicle, unless the Fund is satisfied that the owner and operator have disappeared and cannot be located for service of process.

C. Whenever an unidentified motorist has injured a claimant or damaged a claimant's property, the claimant shall show, before any payment can be made, that:

(1) The claimant has made all reasonable efforts to identify the motor vehicle, and its owner and operator, but cannot do so; or

(2) The motor vehicle was being operated without the owner's consent and that the unauthorized operator cannot be located.

D. When a claimant and the Fund agree on a settlement for the claim, the claimant shall release the Fund from any further liability and assign to the Fund, on a form prescribed and furnished by the Fund, any cause of action or judgment the claimant may have against any uninsured owner or operator who may be legally responsible for the injuries or damages for which the claimant is seeking compensation.

E. Settlement may be made by any claim representative in the Uninsured Division of the Fund.