§ 5210 — Application for payment of judgment

New York § 5210

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

Text

§ 5210. Application for payment of judgment. (a) When any qualified\nperson who has complied with all the applicable requirements of this\narticle recovers a final judgment in a court against a financially\nirresponsible motorist, for injury to, or death of, any person arising\nout of the ownership, maintenance or use of the uninsured motor vehicle\nin this state, which remains unpaid, and all appeals have been concluded\nor the time for commencing them has expired, the judgment creditor may\nfile a verified petition in the court in which the judgment was entered\nand, upon ten days' written notice to the corporation apply to the court\nfor an order directing payment by the corporation of the amount unpaid\non the judgment. However, there shall be no right of recovery by a\ncovered person from the corporation for non-economic loss unless such\nperson has incurred a serious injury, as such terms are defined in\nsection five thousand one hundred two of this chapter. Such judgment\nexclusive of interest and costs shall not exceed:\n (1) twenty-five thousand dollars on account of injury to one person in\nany one accident, and\n (2) fifty thousand dollars on account of death to one person in any\none accident, and\n (3) fifty thousand dollars on account of injury to more than one\nperson in any one accident subject to the limit of twenty-five thousand\ndollars for any one person, and\n (4) one hundred thousand dollars on account of death to more than one\nperson in any one accident subject to the limit of fifty thousand\ndollars for any one person.\n (b) The above applicable limit of liability shall be reduced by the\namount of:\n (1) any collectible liability insurance and available assets or\ncontribution of the financially irresponsible motorist; and\n (2) any payment received by the qualified person from or on behalf of\nany person jointly or severally liable with the financially\nirresponsible motorist.\n (c) Any such judgment shall be regarded as excess to any other\ncollectible liability insurance afforded to any financially\nirresponsible motorist.\n