In this article:
Terms Used In N.Y. Insurance Law 5202
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
- Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(a) “Motor vehicle” means a motor vehicle as defined in § 125 of the vehicle and traffic law and also includes trailers, semi-trailers, motorcycles, tractors and snowmobiles as defined in subdivision three of § 21.05 of the parks, recreation and historic preservation law and shall exclude fire and police vehicles, self-propelled combines, self-propelled corn and hay harvesting machines and tractors used exclusively for agricultural purposes.
(b) “Qualified person” means (i) a resident of this state, other than an insured or the owner of an uninsured motor vehicle and his spouse when a passenger in such vehicle, or his legal representative, or (ii) a resident of another state, territory or federal district of the United States or province of the Dominion of Canada, or foreign country, in which recourse is afforded, to residents of this state, of substantially similar character to that provided for by this article, or his legal representative. It does not include any operator of or passenger on a snowmobile. In this subsection, “operator” means every person who operates or is in actual physical control of a snowmobile, whether or not it is under way.
(c) “Insured motor vehicle” means a motor vehicle as to which there is maintained proof of financial security as defined in subdivision three of section three hundred eleven of the vehicle and traffic law or § 25.13 of the parks, recreation and historic preservation law.
(d) “Uninsured motor vehicle” means a motor vehicle other than a motor vehicle described in subsection (c) hereof.
(e) “Insurer” means any company authorized by the superintendent to do any form of motor vehicle liability insurance business in this state.
(f) “Corporation” means the “motor vehicle accident indemnification corporation”.
(g) “Board” means the board of directors of the corporation.
(h) “Member” means any insurer authorized to write motor vehicle liability insurance in this state and any self-insurer subject to § 316 of the vehicle and traffic law.
(i) “Insured” means a person defined as an insured under the coverage required by subsection (f) of section three thousand four hundred twenty of this chapter.
(j) “Financially irresponsible motorist” means the owner, operator, or other person legally responsible for the operation of an uninsured motor vehicle involved in an accident resulting in personal injury or death who did not have in effect at the time of such accident either:
(1) a valid and collectible policy of bodily injury liability and property damage liability insurance or bond with applicable limits at least equal to those specified in section three hundred eleven of the vehicle and traffic law; or
(2) a certificate of self insurance issued by the department of motor vehicles pursuant to section three hundred sixteen of the vehicle and traffic law; or
(3) who has not otherwise complied with the provisions of § 312 of the vehicle and traffic law; or
(4) who does not have in effect at the time of such accident a valid and collectible policy of bodily injury liability and property damage liability insurance with applicable limits at least equal to those specified in section 25.13 of the parks, recreation and historic preservation law.
(k) “Commissioner” means the commissioner of motor vehicles.
(l) “Court” means the supreme court, the county court or the civil court of the city of New York, in the county where an action on the cause of action of the qualified person could properly be brought for trial.