§ 20-609. Subrogation to rights of claimant

   (a) In general. -- 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) Action for amount of damage. -- 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) Excess recovery by Fund. -- 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) Time of action. -- 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.

HISTORY: An. Code 1957, art. 48A, § 243J; 1996, ch. 11.