# COMAR Title 14 — Independent Agencies

## Subtitle 07 — Maryland Automobile Insurance Fund

### Chapter 01 — Board of Trustees

*Repealed*

**Administrative History:** Effective date: January 14, 1977 (5:2 Md. R. 83)

**Administrative History:** Regulation .01 recodified to be Regulation .01-1 and new Regulation .01 adopted effective August 30, 1993 (20:17 Md. R. 1351)

**Administrative History:** Regulation .01B amended as an emergency provision effective March 12, 2002 (29:7 Md. R. 617); amended permanently effective September 2, 2002 (29:17 Md. R. 1382)

**Administrative History:** Regulation .02 amended as an emergency provision effective March 12, 2002 (29:7 Md. R. 617); amended permanently effective September 2, 2002 (29:17 Md. R. 1382)

**Administrative History:** Regulation .04 amended as an emergency provision effective March 12, 2002 (29:7 Md. R. 617); amended permanently effective September 2, 2002 (29:17 Md. R. 1382)

**Administrative History:** Regulation .05 amended as an emergency provision effective March 12, 2002 (29:7 Md. R. 617); amended permanently effective September 2, 2002 (29:17 Md. R. 1382)

**Administrative History:** Regulations .06 and .09 amended effective May 5, 1986 (13:9 Md. R. 1031)

**Administrative History:** Regulation .09 amended as an emergency provision effective March 12, 2002 (29:7 Md. R. 617); amended permanently effective September 2, 2002 (29:17 Md. R. 1382)

**Administrative History:** Regulation .12 amended effective May 19, 1978 (5:10 Md. R. 813)

**Administrative History:** Regulation .16 recodified to be Regulation .18 and new Regulation .16 adopted effective August 30, 1993 (20:17 Md. R. 1351)

**Administrative History:** Regulation .17 adopted effective August 30, 1993 (20:17 Md. R. 1351)

**Administrative History:** Chapter repealed effective November 15, 2021 (48:23 Md. R. 981)

### Chapter 02 — Binding Rules

*Repealed*

**Administrative History:** Effective date: November 1, 1975 (2:24 Md. R. 1479; 2:26 Md. R. 1158)

**Administrative History:** Chapter revised effective April 1, 1977 (4:8 Md. R. 636); August 3, 1981 (8:15 Md. R. 1310)

**Administrative History:** Regulations .01—.08 repealed and new Regulations .01—.09 adopted effective June 27, 1988 (15:13 Md. R. 1557)

**Administrative History:** Regulations .01, .03, and .07 amended as an emergency provision effective December 20, 1988 (15:26 Md. R. 2978); amended permanently effective June 26, 1989 (16:12 Md. R. 1337)

**Administrative History:** Regulation .01 amended as an emergency provision effective October 23, 1998 (25:23 Md. R. 1694); amended permanently effective April 5, 1999 (26:7 Md. R. 545)

**Administrative History:** Regulation .02 amended as an emergency provision effective October 23, 1998 (25:23 Md. R. 1694); amended permanently effective April 5, 1999 (26:7 Md. R. 545)

**Administrative History:** Regulation .02D adopted effective February 26, 1996 (23:4 Md. R. 273)

**Administrative History:** Regulation .03 amended effective April 5, 1999 (26:7 Md. R. 545)

**Administrative History:** Regulation .03C amended as an emergency provision effective December 15, 1999 (27:2 Md. R. 141); emergency status extended at 27:5 Md. R. 578); emergency status expired June 16, 2000

**Administrative History:** Regulation .04A amended effective April 8, 1996 (23:7 Md. R. 554); January 31, 2005 (32:2 Md. R. 147)

**Administrative History:** Regulation .05 amended as an emergency provision effective October 1, 2003 (30:22 Md. R. 1575); emergency status expired April 1, 2004; amended permanently effective September 13, 2004 (31:18 Md. R. 1351)

**Administrative History:** Regulation .07 amended as an emergency provision effective October 23, 1998 (25:23 Md. R. 1694); amended permanently effective April 5, 1999 (26:7 Md. R. 545)

**Administrative History:** Chapter revised effective August 25, 2008 (35:17 Md. R. 1489)

**Administrative History:** Chapter repealed effective November 15, 2021 (48:23 Md. R. 981)

### Chapter 03 — Producer Discipline Hearing Rules

*Repealed*

**Administrative History:** Effective date: August 2, 1982 (9:15 Md. R. 1517)

**Administrative History:** (Recodified from 14.07.04 to 14.07.03)

**Administrative History:** Regulations .01—.08 repealed and new Regulations .01—.06 adopted as an emergency provision effective July 25, 1989 (16:16 Md. R. 1748); emergency status extended at 16:24 Md. R. 2615; adopted permanently effective January 8, 1990 (16:26 Md. R. 2796)

**Administrative History:** Chapter repealed effective November 15, 2021 (48:23 Md. R. 981)

### Chapter 04 — Uninsured Persons' Claims for Compensation from the Maryland Automobile Insurance Fund

**Authority:** Insurance Article, §20-201(d)(3)(iii), Annotated Code of Maryland

**Administrative History:** Effective date: July 1, 1977 (4:24 Md. R. 1850)

**Administrative History:** Regulations .01—.06, Settlement of Uninsured Motorists' Claims Without Court Approval, repealed effective May 2, 1988 (15:9 Md. R. 1112)

**Administrative History:** Regulations .01—.06, Uninsured Persons' Claims for Compensation from the Maryland Automobile Insurance Fund, adopted effective May 2, 1988 (15:9 Md. R. 1112)

**Administrative History:** Regulation .01 amended effective February 19, 2024 (51:3 Md. R.154)

**Administrative History:** Regulation .03B amended effective February 19, 2024 (51:3 Md. R.154)

**Administrative History:** Regulation .04 amended effective February 19, 2024 (51:3 Md. R.154)

**Administrative History:** Regulation .05B amended effective February 19, 2024 (51:3 Md. R.154)

**Administrative History:** Regulation .06B, E, F amended effective February 19, 2024 (51:3 Md. R.154)

#### Regulation .01 Authority.

*COMAR 14.07.04.01*

This chapter is promulgated by the Executive Director of the Fund pursuant to the authority vested in the Executive Director under Insurance Article, §20-201(d)(3)(iii), Annotated Code of Maryland.

#### Regulation .02 Purpose.

*COMAR 14.07.04.02*

A. The purpose of these regulations is to let a qualified claimant know how to file a claim in order to receive compensation for bodily injuries or property damages from the Fund if the claimant has been injured by a negligent uninsured owner or operator in an accident on or after July 1, 1987.

B. To be eligible to claim against the Fund, the claimant may not have been covered on the accident date by any automobile liability insurance, either personally or by an immediate family member, nor will the claimant be eligible if the claimant was an operator or passenger in an insured automobile.

C. These regulations also set forth how the Fund can proceed in negotiating and paying claims.

#### Regulation .03 Definitions.

*COMAR 14.07.04.03*

A. As used in these regulations, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Accident” means any occurrence arising out of the ownership, maintenance, or use of a motor vehicle in this State which results in damage to any property, or injury or death to any person.

  (2) “Claimant” means any qualified person making claim for damages for personal injury or death, or damage to property in excess of $250, by reason of the negligent conduct of an uninsured owner or operator of a motor vehicle, as these claims are further defined in Insurance Article, §20-601, Annotated Code of Maryland.

  (3) “Disappearing motorist” means an owner or operator of a motor vehicle, who was originally identified but whose whereabouts cannot be ascertained.

  (4) “Executive Director” means the Executive Director of the Maryland Automobile Insurance Fund, as defined by Insurance Article, §20-203, Annotated Code of Maryland.

  (5) “Family member” means any person related by blood, marriage, or adoption.

  (6) “Fund” means the Maryland Automobile Insurance Fund, created by Insurance Article §20-101, et seq., Annotated Code of Maryland, and includes the Uninsured Division, formerly the Unsatisfied Claim and Judgment Fund.

  (7) Motor Vehicle.

    (a) “Motor vehicle” means a vehicle that is operated or designed for operation upon a public road by any power other than animal or muscular power and is required to maintain automobile insurance under Transportation Article, §17-103, Annotated Code of Maryland.

    (b) “Motor vehicle” does not include:

      (i) A moped, as defined in Transportation Article, §11-134.1, Annotated Code of Maryland;

      (ii) A motor scooter, as defined in Transportation Article, §11.134.5, Annotated Code of Maryland; or

      (iii) An electric bicycle, as defined in Transportation Article, §11-117.1, Annotated Code of Maryland.

  (8) “Person” includes natural persons, firms, co-partnerships, associations, corporations, and governmental bodies.

  (9) “Qualified person” has the meaning provided under Insurance Article, §20-601(a), Annotated Code of Maryland.

  (10) “Unidentified motorist” means an owner or operator of a motor vehicle whose identity and whereabouts are not known.

  (11) “Uninsured motorist” means an owner or operator of a motor vehicle whose whereabouts are ascertainable, but who was uninsured at the time of the accident.

  (12) “Uninsured motor vehicle” means a motor vehicle which has:

    (a) No security in force meeting the requirements of Transportation Article, §17-103, Annotated Code of Maryland; or

    (b) A liability insurance policy in force meeting the statutory requirements when a receiver or conservator has been appointed by a court of competent jurisdiction for the insurance company issuing the policy.

  (13) “Uninsured owner or operator” includes a disappearing motorist, an unidentified motorist, and an uninsured motorist, as those terms are defined in these regulations.

#### Regulation .04 Filing a Notice of Claim.

*COMAR 14.07.04.04*

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.

FORM AT END OF CHAPTER

#### Regulation .05 Settlement of Claims Involving a Disappearing Motorist or Unidentified Motorist.

*COMAR 14.07.04.05*

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.

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.

#### Regulation .06 Settlement of Claims Involving Known Uninsured Motorists.

*COMAR 14.07.04.06*

A. When the Fund has received a Notice of Claim, it shall attempt to contact the uninsured owner or operator, or both, to investigate the liability and damages on the part of the uninsured. It shall also negotiate with claimants to compensate them promptly, fairly, and equitably.

B. If a claimant does not arrive at an agreed settlement with the Fund, the Fund shall notify the claimant in writing that the claimant’s only remedy will be to file suit against the uninsured owner or operator. The claimant shall show that service has been perfected and a judgment has been obtained against the owner or operator, or both the owner and operator, of the uninsured vehicle. The Fund may not be a party to the suit until the claimant has first obtained a judgment against the uninsured owner or operator or unless the Fund elects to intervene as a party. The Fund may not be obligated to intervene.

C. The Fund may seek to obtain a consent agreement from the uninsured owner or operator in the form of either a confessed judgment or confessed judgment promissory note before the claimant is paid. If the uninsured does not consent within 60 days, then the Fund may not delay its negotiations with a claimant in further efforts to obtain the uninsured's consent. In any case, the claimant shall sign a proper release and subrogation agreement in favor of the Fund before payment can be made.

D. If all parties agree to a settlement, the Fund will pay the claimant for the claim when all appropriate documents have been executed. If the Fund believes that obtaining a prompt judgment against the uninsured is necessary in a particular case, then payment may not be made until a final judgment, consent or otherwise, against the uninsured has been entered or assigned in favor of the Fund.

E. If the uninsured does not settle with the claimant and the Fund, the Fund shall give the uninsured owner or operator notice, by certified mail, return receipt requested, to the uninsured owner or operator’s last known address, as provided for in Insurance Article, §20-605, Annotated Code of Maryland. After 30 days have passed, the Fund may settle with the claimant or require the claimant to proceed to file suit and proceed to trial against the uninsured owner or operator. If the Fund elects to settle, the claimant shall assign his judgment or causes of action against the uninsured to the Fund and agree to cooperate in any suit or trial which the Fund may bring against the uninsured. If a claimant does not cooperate at any time during the suit or trial, the claimant may be compelled to cooperate by court order.

F. The Fund may assign counsel to represent an uninsured owner or operator. The uninsured owner or operator shall cooperate with the Fund in the defense of the action. If the uninsured does not cooperate, the Fund may apply to the court for an order directing cooperation or may send the uninsured owner or operator notice of the Fund’s and counsel’s withdrawal in the manner provided for in Insurance Article, §20-606, Annotated Code of Maryland, and by rule of court.

G. The written notice which the Fund shall give of its proposed settlement or payment with the claimant under §E of this regulation shall be as follows:

  (1) Content of Notice. The notice shall:

    (a) Set forth the amount and all other pertinent terms of the proposed settlement or payment, as well as the terms and conditions of any repayment which the Fund shall require of the uninsured owner or operator;

    (b) Advise the uninsured owner or operator of the owner or operator's right to contest the proposed settlement or payment, as to the owner or operator's liability for the accident or the amount of the damages claimed, or both, by informing the Fund in writing of the uninsured's objection within 30 days of the date of mailing appearing on the notice;

    (c) Advise the uninsured owner or operator that judgment for the amount of the settlement may be entered and enforced against him.

  (2) Manner of Giving Notice. If the identity and whereabouts of the uninsured owner or operator are known or if his identity is known but his current whereabouts are unknown, the notice shall be sent by certified mail, return receipt requested, directed to his last known address, or his last address or record on file with the Motor Vehicle Administration of this State or of the state of his residence.