Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 07 - MARYLAND AUTOMOBILE INSURANCE FUND › Chapter 14.07.04 - Uninsured Persons' Claims for Compensation from the Maryland Automobile Insurance Fund › Section 14.07.04.04 - Filing a Notice of Claim

Current through Register Vol. 51, No. 14, July 12, 2024
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.