§ 5202 — Definitions

New York § 5202

• Jurisdiction: New York
• Law ISC: Insurance
• Art. 52: Motor Vehicle Accident Indemnification Corporation

Text

§ 5202. Definitions. In this article:\n (a) "Motor vehicle" means a motor vehicle as defined in section one\nhundred twenty-five of the vehicle and traffic law and also includes\ntrailers, semi-trailers, motorcycles, tractors and snowmobiles as\ndefined in subdivision three of section 21.05 of the parks, recreation\nand historic preservation law and shall exclude fire and police\nvehicles, self-propelled combines, self-propelled corn and hay\nharvesting machines and tractors used exclusively for agricultural\npurposes.\n (b) "Qualified person" means (i) a resident of this state, other than\nan insured or the owner of an uninsured motor vehicle and his spouse\nwhen a passenger in such vehicle, or his legal representative, or (ii) a\nresident of another state, territory or federal district of the United\nStates or province of the Dominion of Canada, or foreign country, in\nwhich recourse is afforded, to residents of this state, of substantially\nsimilar character to that provided for by this article, or his legal\nrepresentative. It does not include any operator of or passenger on a\nsnowmobile. In this subsection, "operator" means every person who\noperates or is in actual physical control of a snowmobile, whether or\nnot it is under way.\n (c) "Insured motor vehicle" means a motor vehicle as to which there is\nmaintained proof of financial security as defined in subdivision three\nof section three hundred eleven of the vehicle and traffic law or\nsection 25.13 of the parks, recreation and historic preservation law.\n (d) "Uninsured motor vehicle" means a motor vehicle other than a motor\nvehicle described in subsection (c) hereof.\n (e) "Insurer" means any company authorized by the superintendent to do\nany form of motor vehicle liability insurance business in this state.\n (f) "Corporation" means the "motor vehicle accident indemnification\ncorporation".\n (g) "Board" means the board of directors of the corporation.\n (h) "Member" means any insurer authorized to write motor vehicle\nliability insurance in this state and any self-insurer subject to\nsection three hundred sixteen or three hundred seventy of the vehicle\nand traffic law.\n (i) "Insured" means a person defined as an insured under the coverage\nrequired by subsection (f) of section three thousand four hundred twenty\nof this chapter.\n (j) "Financially irresponsible motorist" means the owner, operator, or\nother person legally responsible for the operation of an uninsured motor\nvehicle involved in an accident resulting in personal injury or death\nwho did not have in effect at the time of such accident either:\n (1) a valid and collectible policy of bodily injury liability and\nproperty damage liability insurance or bond with applicable limits at\nleast equal to those specified in section three hundred eleven of the\nvehicle and traffic law; or\n (2) a certificate of self insurance issued by the department of motor\nvehicles pursuant to section three hundred sixteen of the vehicle and\ntraffic law; or\n (3) who has not otherwise complied with the provisions of section\nthree hundred twelve of the vehicle and traffic law; or\n (4) who does not have in effect at the time of such accident a valid\nand collectible policy of bodily injury liability and property damage\nliability insurance with applicable limits at least equal to those\nspecified in section 25.13 of the parks, recreation and historic\npreservation law.\n (k) "Commissioner" means the commissioner of motor vehicles.\n (l) "Court" means the supreme court, the county court or the civil\ncourt of the city of New York, in the county where an action on the\ncause of action of the qualified person could properly be brought for\ntrial.\n