Md. R. Spec. Proc. 15-804

As amended through October 15, 2024

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.

Md. R. Spec. Proc. 15-804

This Rule is derived from former Rules BW2, BW3, and BW5.

Adopted June 5, 1996, eff. 1/1/1997. Amended May 9, 2000, eff. 7/1/2000.

HISTORICAL NOTES

2000 Orders

The May 9, 2000, order amended the cross reference following section (f).

Derivation:

Maryland Rule of Procedure BW2, adopted eff. July 1, 1974, related to venue, rescinded June 5, 1996, eff. Jan. 1, 1997.

Maryland Rule of Procedure BW3, adopted eff. July 1, 1974, related to commencement of actions against the Maryland Automobile Insurance Fund, rescinded June 5, 1996, eff. Jan. 1, 1997.

Maryland Rule of Procedure BW5, adopted eff. July 1, 1974, amended April 6, 1984, eff. July 1, 1984, related to payment of judgments by the Maryland Automobile Insurance Fund in actions against the Fund, rescinded June 5, 1996, eff. Jan. 1, 1997.

Code, Insurance Article, § 20-602.