Md. Code Regs. 14.07.04.04

Current through Register Vol. 51, No. 24, December 2, 2024

Section 14.07.04.04 - Filing a Notice of Claim

A. There is no longer a notice of intention to make a claim allowed by law, only the Notice of Claim as provided for in these regulations and in Insurance Article, § 20-603(b), Annotated Code of Maryland. A claimant may, however, file an Initial Notice of Claim, on a form prepared by the Fund, while verifying whether the claim is covered under Insurance Article, § 20-601, Annotated Code of Maryland. The Fund shall furnish a form on request.

B. A claimant shall file the Notice of Claim not later than 180 days after the date of the accident. If not, the claimant cannot recover from the Fund, unless the claimant qualifies for one of the exceptions described in Insurance Article, § 20-603(a), Annotated Code of Maryland. Before filing the Notice of Claim, the claimant shall have made a significant good faith investigation of the claimant's eligibility, damages, and the responsibility of the uninsured owner or operator, and the claimant shall supply that information in the Notice of Claim. The claimant shall have made all reasonable efforts to confirm that no automobile insurance exists for the at fault vehicle or any other applicable insurance coverage and shall confirm there is no uninsured motorist coverage as defined in Transportation Article, § 17-103(b)(4), or Insurance Article, § 19-509 or 19-509.1, Annotated Code of Maryland.

C. The claimant shall sign and file the Notice of Claim on the form prescribed by the Fund. The claimant's signature on the form certifies any material misrepresentation made by the claimant constitutes grounds for denying the claim. A notice is not filed unless it is received by the Fund within 180 days.

D. The Notice of Claim shall contain information and documentation substantiating all the matters described in §§E-M, of this regulation. It shall include all information and documentation as of the date of filing. If the Notice of Claim is not substantially complete the Fund may return it to the claimant.

E. Claimants shall fulfill all legal requirements to claim against the Fund. Claimants shall show that their injuries or damages were caused by an uninsured motor vehicle or an uninsured owner or operator, and that the claimants are a resident of the State. Documentation which is generally acceptable includes records, affidavits, and certifications from the Motor Vehicle Administration, from insurance companies which provide or have provided coverage for the owner or operator at fault, and from those vehicle owners and operators involved in the accident.

F. Claimants may not be eligible for Uninsured Division benefits from a policy of automobile liability insurance. Claimants shall show that:

(1) They own no automobile or other motor vehicle registered in Maryland;

(2) None of their family members with whom they regularly live own an automobile registered in Maryland;

(3) A vehicle in which they were an operator or passengers had no available insurance;

(4) The motor vehicle at fault had no insurance on the date of the accident; and

(5) All denial or disclaimers are valid under the law.

G. Documentation which is generally acceptable for the requirements of §F of this regulation includes records, affidavits, and certifications from the Motor Vehicle Administration and insurance companies which may provide or have provided coverage for the claimant or the claimant's family members, or the uninsured owner or operator involved in the accident. Claimants shall also furnish the complete names, dates of birth, and, if known, social security numbers of all members of their immediate household 16 years old or older.

H. If a claimant has lost any wages because the claimant has been unable to work because of the injuries sustained in the accident, the claimant's employer shall confirm the claimant's employment and wages, and the claimant shall submit the employer's statement with the Notice of Claim.

I. If a claimant sustained any personal injury in the accident, the claimant shall submit all bills for medical treatment provided up to the time the claimant files the Notice of Claim. If the claimant has additional medical expenses after filing, the claimant shall notify the Fund of that fact and submit the additional bills as soon as possible.

J. If a claimant sustained any personal injury in the accident, the claimant shall submit or have the claimant's doctors send to the Fund reports of all medical treatment, therapy, and consultation which the claimant received from the doctors or others under their supervision for the claimant's injuries. The report shall include dates and nature of treatment or therapy, and any diagnosis and prognosis of the injuries. At the Fund's request, the claimant shall provide complete information regarding the claimant's prior injuries and medical conditions that are relevant to the claimant's injuries.

K. If any of the claimant's property is damaged in the accident, the claimant shall identify all the property and, except for motor vehicles, provide the current value, price, date, and location of purchase of the property. Documentation generally accepted includes appraisals, repair estimates for property of more than ordinary value, and cleaning or repair receipts.

L. When a claimant submits a Notice of Claim, the claimant shall submit any police and other accident reports available. A claimant shall submit to a statement under oath as requested by the Fund regarding eligibility, the accident facts, and injuries.

M. When a claimant files a Notice of Claim, the claimant shall submit a complete narrative of the accident, including:

(1) Date;

(2) Time;

(3) Location;

(4) Vehicles;

(5) Names and addresses of all known drivers, passengers, and witnesses; and

(6) Circumstances leading up to and involving the accident.

Md. Code Regs. 14.07.04.04

Regulations .04, Settlement of Uninsured Motorists' Claims Without Court Approval, repealed effective May 2, 1988 (15:9 Md. R. 1112)
Regulations .04, Uninsured Persons' Claims for Compensation from the Maryland Automobile Insurance Fund, adopted effective May 2, 1988 (15:9 Md. R. 1112); amended effective 51:3 Md. R. 154, eff. 2/19/2024.