(a) Whenever the Fund makes payment in an action brought or claim made under this subtitle, the Fund shall be subrogated to the cause of action of the claimant receiving the payment against the driver or owner of the motor vehicle by which the accident was occasioned.
(b) The Fund:
(1) if the identity and whereabouts are established of the person that is the driver or owner, may bring an action against that person for the amount of damage the claimant sustains; and
(2) may recover that amount out of any money payable with respect to death or injury under any policy in force when the accident occurred.
(c) If the amount recovered in an action under subsection (b) of this section is greater than the amount paid out of the Fund, the Fund:
(1) first, shall reimburse itself as provided in § 20-608 of this subtitle; and
(2) second:
(i) shall collect and pay the unpaid balance to the claimant; or
(ii) shall assign and transfer to the claimant any judgment, note, or other right, interest, or cause of action that the Fund has against the uninsured driver or owner.
(d) Notwithstanding any other statute of limitations, the Fund may bring an action against the person that is the driver or owner within 6 months after the identity and whereabouts of that person are established.
Structure Maryland Statutes
Title 20 - Maryland Automobile Insurance Fund
Subtitle 6 - Unsatisfied Claims
Section 20-601 - Authorized Claims Against Fund
Section 20-602 - Limitation on Amounts Payable From Fund
Section 20-603 - Notice of Claim
Section 20-604 - Resolution of Claims
Section 20-605 - Settlement Offers
Section 20-606 - Authority of Fund to Defend Claims; Cooperation of Defendant
Section 20-607 - Judicial Review
Section 20-608 - Recovery of Money Paid by Fund; Indexing of Judgments
Section 20-609 - Subrogation to Rights of Claimant
Section 20-610 - Findings and Declarations
Section 20-611 - Uninsured Motorist Education and Enforcement Fund
Section 20-612 - Program to Incentivize and Enable Uninsured Vehicle Owners to Be Insured
Section 20-613 - Payment of Premium in Installments
Section 20-614 - Contacting Owner Whose Registration Has Been Suspended