Md. R. Spec. Proc. 15-803

As amended through September 13, 2024

Rule 15-803 - Uninsured Motorist-Action Against Motorist

(a) Against Whom Brought. An action on a claim against an uninsured motorist shall be brought against the uninsured motorist. The Fund shall not be named as a defendant.

(b) Notice to Executive Director. Within 15 days after the filing of the complaint, the claimant shall mail a copy of the complaint and summons to the Executive Director. Failure to give notice pursuant to this section shall not defeat the claim against the Fund if the Fund has reasonable notice of the pendency of the action and a reasonable opportunity to defend.

(c) Order for Payment.

(1)By Consent. After entry of a money judgment against the uninsured motorist, the claimant may file with the court 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 entry of a money judgment against the uninsured motorist, the claimant may file a motion for payment of a specified amount by the Fund. The motion shall be supported by affidavit, shall set forth the grounds for entitlement to payment by the Fund and all the deductions required by law, and shall be served on the Executive Director.

Md. R. Spec. Proc. 15-803

This Rule is derived from former Rules BW4 and BW6.

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 (c).

Derivation:

Maryland Rule of Procedure BW4, adopted eff. July 1, 1974, related to commencement of actions against uninsured motorists, rescinded June 5, 1996, eff. Jan. 1, 1997.

Maryland Rule of Procedure BW6, 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1984, related to payment of judgments by the Maryland Automobile Insurance Fund in actions against uninsured motorists, rescinded June 5, 1996, eff. Jan. 1, 1997.

See Code, Insurance Article, § 20-602, for required deductions from payment by the Fund.