Chapter 03. Maryland Tort Claims Act—Claims Administration
Regulation .01 Submission of Claims.LinkCopy Citation
For purposes of the provisions of State Government Article, § 12-106:
A.
A proper claim shall:
(1)
Contain a statement of facts that sets forth the nature of the claim, including the date, time, place, and description of the incident,
(2)
Contain a demand for money damages in a sum certain,
(3)
State the name and address of the claimant,
(4)
State the name and address, if known, of the alleged tortfeasor, including identification of the tortfeasor's employer,
(5)
State the name and address, if known, of any witness to the incident,
(6)
State the name, address, and telephone number of counsel for the claimant, if any, and
(7)
Be signed by the claimant;
B.
A valid claim that meets the requirements of §A, above, shall be deemed to have been submitted as of the date it is actually received by the State Treasurer's Office;
C.
Presentation of a purported claim to any unit of State government other than the State Treasurer's Office does not constitute proper submission of a claim; and
D.
The Treasurer may, but is not required to, consider a claim that does not meet the requirements of this regulation only with the approval of the Office of the Attorney General upon advice that, on the facts presented, there is a substantial probability that a court of this State would conclude that the claim is properly filed.
Regulation .02 Who May File.LinkCopy Citation
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.
Regulation .03 Filing of Claim.LinkCopy Citation
A.
Where to File Claim. As prerequisite to its consideration under COMAR 25.02.01—25.02.04, an otherwise proper claim shall be submitted to the Treasurer.
B.
When to File Claim.
(1)
As a prerequisite to its consideration under COMAR 25.02.01—25.02.04, an otherwise proper claim shall be received by the State Treasurer's Office within 1 year after the injury that is the basis for the claim.
(2)
The filing period set forth in §B(1), above, is not suspended or tolled by reason of infancy, incompetency, other disability, or filing of suit.
Regulation .04 Initial Coverage Determination.LinkCopy Citation
A.
Regulations .05—.08 of this chapter apply only to those claims for which the Treasurer provides self-insurance coverage, in whole or in part, under the Maryland Tort Claims Act.
B.
Subject to §C, below, the policy terms and conditions of purchased commercial insurance coverage, if any, govern the administration of claims that the Treasurer initially determines may be covered by commercial insurance.
C.
The determination of coverage under, and the limitation of liability with respect to the State's deductible or self-insured retention, if any, under any commercial insurance shall be governed by those regulations in COMAR 25.02.02 that are applicable to the Treasurer's self-insurance program.
Regulation .05 Documentation.LinkCopy Citation
A.
Death. In support of a claim for death, the claimant may be required to submit the following evidence or information:
(1)
An authenticated death certificate or report, or both, of postmortem examination showing the date and cause of death and the age of the decedent;
(2)
Documentation of the decedent's employment or occupation, if any, at time of death, including the decedent's monthly or yearly salary or earnings and the duration of the decedent's last employment or occupation;
(3)
Identification by full name, address, birthdate, kinship, and marital status of each of the decedent's survivors, including identification of those survivors who were dependent for support upon the decedent at the time of the decedent's death;
(4)
Documentation of the degree of support afforded by the decedent to each survivor dependent for support upon the decedent at the time of the decedent's death;
(5)
Evidence of the decedent's general physical and mental condition before death;
(6)
Itemized bills for medical and burial expenses incurred by reason of the incident causing death or itemized receipts of payment for these expenses;
(7)
If damages for pain and suffering before death are claimed, a physician's detailed statement specifying the:
(a)
Injuries suffered,
(b)
Duration of pain and suffering,
(c)
Drugs administered for pain, and
(d)
Decedent's physical condition in the interval between injury and death; and
(8)
Other evidence or information that, in the Treasurer's judgment, may have a bearing on either the responsibility of the State for the death or for the damages claimed.
B.
Personal Injury. In support of a claim for personal injury, the claimant may be required to submit the following evidence or information:
(1)
A written report by the claimant's attending physician or dentist setting forth the nature and extent of the injury, the nature and extent of treatment, any degree of temporary or permanent disability, the prognosis, the period of any hospitalization, and any diminished earning capacity;
(2)
If the claimant is required by the Treasurer to submit to a physical or mental examination by a physician employed or retained by the State, a copy of the report of the examining physician, which shall be made available to the claimant upon the claimant's written request provided that the claimant has:
(a)
Upon the Treasurer's request, furnished the report referred to in §B(2), above, and
(b)
Made or agrees to make available to the Treasurer any other physician's reports previously or thereafter made of the physical or mental condition that is the subject matter of the claim;
(3)
Itemized bills for medical, dental, and hospital expenses incurred or itemized receipts of payment for those expenses;
(4)
If the prognosis reveals the necessity for future treatment, a statement of expected expenses for that treatment;
(5)
If a claim is made for lost wages due to loss of time from employment, a written statement from the claimant's employer stating the actual time lost from employment, whether the claimant is a full or part-time employee, and the wages or salary actually lost;
(6)
If a claim is made for loss of income and the claimant is self-employed, documentary evidence showing the amount of earnings actually lost; and
(7)
Other evidence or information that, in the Treasurer's judgment, may have a bearing on either the responsibility of the State for the personal injury or for the damages claimed.
C.
Property Damage. In support of a claim for property damage or loss, the claimant may be required to submit the following evidence or information:
(1)
Proof of ownership or evidence of the claimant's contractual obligation to repair or replace the property;
(2)
A detailed statement of the date of purchase, purchase price, actual cash value at time of the incident, and amount claimed with respect to each item of property reasonably capable of economical repair;
(3)
A detailed statement of the date of purchase, purchase price, actual cash value at time of the incident, and salvage value with respect to each item of property not reasonably capable of economical repair;
(4)
An itemized receipt of payment for emergency repairs or three itemized written estimates of the cost of necessary repairs; and
(5)
Other evidence or information that, in the judgment of the Treasurer, may have a bearing on either the responsibility of the State for the property damage or loss or for the damages claimed.
Regulation .06 Amendments.LinkCopy Citation
A.
A claim submitted in compliance with Regulation .01 of this chapter may be amended within 1 year of the date of the injury for any reason, and after that, but before a final denial under Regulation .08 of this chapter, only on the basis of newly discovered evidence.
B.
A claim submitted to the Treasurer within 1 year of the injury that is not in compliance with Regulation .01 of this chapter:
(1)
May be amended within 30 days of the date of the claim's submission to comply with the requirements of Regulation .01; and
(2)
Shall be denied pursuant to Regulation .08 of this chapter if not amended in accordance with §B(1) of this regulation.
C.
An amendment shall be submitted in writing and be signed by the claimant.
Regulation .07 Action on Approved Claims.LinkCopy Citation
A.
An agreement respecting an award, compromise, or settlement of a claim, regardless of amount, is not valid without the approval of the Treasurer.
B.
Payment of an award, compromise, or settlement shall be predicated upon the Treasurer's receipt and approval of a claim settlement agreement or a release of all claims properly executed by the claimant.
C.
If a claimant is represented by an attorney and the claimant's attorney has presented suitable evidence of representation to the Treasurer, a check issued by the Treasurer in payment of an award, compromise, or settlement shall, upon request of the claimant's attorney, designate both the claimant and the attorney as payee and shall be mailed or delivered to the claimant's attorney.
D.
Acceptance by the claimant of any award, compromise, or settlement offered by the Treasurer and intended by the Treasurer to dispose fully of the claim shall:
(1)
Be final and conclusive as to the claimant, the claimant's attorney or legal representative, and any other person on whose behalf or for whose benefit the claim has been presented; and
(2)
Constitute a full and complete release of any claim by reason of the same subject matter against the Treasurer, the State, and any State personnel whose act or omission gave rise to the claim.
Regulation .08 Denial of Claims.LinkCopy Citation
A.
A written final denial of a claim by the Treasurer may include a general statement of the reason for the denial.
B.
Subject to §C, below, a claim shall be deemed to be denied finally if the Treasurer fails to give notice of a final decision on the claim within 6 months after the submission of the claim.
C.
Before the beginning of suit and before the expiration of the 3-year period specified in State Government Article, §12-106(b)(3), the Treasurer, upon a written request from the claimant or upon the Treasurer's own initiative, may reconsider a final denial.
D.
The claimant's submission of a request for reconsideration does not suspend or toll the period established by State Government Article, §12-106(b)(3), Annotated Code of Maryland, for instituting an action.
Chapter annotations
Authority: State Finance and Procurement Article, §§9-104 and 9-105; State Government Article, §12-101 et seq; Annotated Code of Maryland
History: Effective date: November 4, 1985 (12:22 Md. R. 2109)
History: Chapter, Coverage Limitations, repealed effective April 16, 1990 (17:7 Md. R. 853)
History: Regulations .01—.08, Maryland Tort Claims Act—Claims Administration, adopted effective April 16, 1990 (17:7 Md. R. 853)
History: Regulation .03B amended effective January 12, 1998 (25:1 Md. R. 17)
History: Regulation .05C amended effective January 12, 1998 (25:1 Md. R. 17)
History: Regulation .06A, B amended effective January 12, 1998 (25:1 Md. R. 17)