Md. Code Regs. 25.02.03.02

Current through Register Vol. 51, No. 8, April 19, 2024

Section 25.02.03.02 - Who May File

A. Property Damage. A claim for property damage or loss may be submitted by the owner of the property or by a person obligated by contract to repair or replace the property, or by the duly authorized attorney or legal representative of either.

B. Personal Injury. A claim for personal injury may be submitted by the injured person or by that person's duly authorized attorney or legal representative.

C. Death. A claim for death may be submitted by the decedent's personal representative on behalf of the decedent's estate or by any other person legally entitled to assert this claim in accordance with applicable state law, or by the duly authorized attorney or legal representative of either.

D. Subrogation. A claim for loss:

(1) Wholly compensated by an insurer with the rights of a subrogee may be submitted by the insurer;

(2) Partially compensated by an insurer with the rights of a subrogee may be submitted by the parties jointly, as their respective interests may appear, or individually.

E. Attorney or Legal Representative. A claim that is submitted by an attorney or legal representative shall:

(1) Be presented in the name of the claimant;

(2) Be signed by the attorney or legal representative;

(3) Show the legal capacity of the person signing; and

(4) Upon the Treasurer's request, be supplemented by evidence of that person's authority to submit a claim on behalf of the claimant as attorney, personal representative, executor, administrator, parent, guardian, or other representative.

Md. Code Regs. 25.02.03.02

Regulations .02, Maryland Tort Claims Act_Claims Administration, adopted effective April 16, 1990 (17:7 Md. R. 853)