An out of state driver caused the accident that I was involved in 2007.  If my attorney files suit after October 1, 2008, may my attorney serve the MVA on behalf of the out-of-state driver?
No, the MVA is only authorized to accept service of process on behalf of the non-resident driver if the accident or collision occurred on or after October 1, 2008.  The date that the suit is filed is irrelevant.
 

If I have a vehicle accident with another Maryland driver after October 1, 2008, may my attorney serve the MVA as statutory agent for the other Maryland driver?
No, the MVA is only authorized to receive service of process as a statutory agent for non-resident drivers.
 

I own a rental property in Ocean City.  If one of my summer tenants damages the furniture in my rental and refuses to pay for the damages, may my attorney serve the MVA as statutory agent?
No, the case must arise out of a collision or accident involving a motor vehicle driven by a non-resident driver.
 

Why is MVA charging a fee for this service?
The enacting legislation allows the MVA to charge a fee to cover its costs.  Whenever an agency provides a new service, there are new processes and procedures that must be developed, new technology to be developed and new assignments and training of personnel to be provided.  This new service is outside of MVA's core business of driver licensing and vehicle title and registration services.  The legislation also requires the MVA to provide a yearly accounting to the Maryland General Assembly of the revenue and costs associated with this program.
 

Does it matter whether I file this suit by myself or use an attorney?
It does not matter.  The MVA is able to accept service of process as statutory agent on behalf of a non-resident driver as long as all of the qualifying criteria are met:  (1) the case must be related to a motor vehicle accident or collision that occurs in Maryland; (2) which involves an out-of-state driver and (3) the accident or collision occurred on or after October 1, 2008.
 

Why do my attorney or I have to sign an Affidavit of Last Known Address?
The law requires that an affidavit of the last known address of the non-resident driver be submitted with the service of process.
 

What happens after I serve the MVA?
The MVA will send the service of process to the out-of-state driver at the last known address, as certified by the party requesting the service.  The MVA will also file an affidavit with the court where the case is filed certifying that this has been done.
 

What happens to the green postal receipt?
If the United States Postal Service is able to deliver the service of process package, the MVA will forward the green postal receipt to the party, or the party's attorney, who requested the statutory service on the MVA.  If the USPS is unable to deliver the service of process package, the MVA will forward the undelivered process to the party or party's counsel upon receipt.
 

What happens if neither the green postal receipt nor the un-served process is returned to the MVA?
All certified mail has a bar code and tracking number that makes it unlikely for this type of mail to get lost in the postal system.  If necessary, MVA will initiate an investigation with the USPS and provide a detailed report.
 

Do I have to serve the MVA as statutory agent if an out-of-state driver is involved?
Absolutely not.  Maryland law provides for a number of different ways to serve defendants who are located out-of-state, such as through a local private process server.  The new law simply provides an additional option that may be used under certain circumstances.