§ 5201. Title and purpose. (a) This article may be cited as the “motor vehicle accident indemnification corporation act”. (b) The legislature finds and declares that the motor vehicle financial security act in the vehicle and traffic law, which requires the owner of a motor vehicle to furnish proof of financial security as a condition […]
§ 5202. Definitions. In this article: (a) “Motor vehicle” means a motor vehicle as defined in section one hundred twenty-five of the vehicle and traffic law and also includes trailers, semi-trailers, motorcycles, tractors and snowmobiles as defined in subdivision three of section 21.05 of the parks, recreation and historic preservation law and shall exclude fire […]
§ 5203. Motor vehicle accident indemnification corporation. (a) The non-profit corporation known as the “motor vehicle accident indemnification corporation” shall be continued. (b) Every insurer authorized to write motor vehicle liability insurance in this state, as a condition of its authorization, shall be and remain a member of the corporation. (c) The corporation shall be […]
§ 5204. Board of directors. (a) The board of directors of the corporation shall be composed of nine persons. Seven of such directors shall be representatives of motor vehicle liability insurers, shall serve without compensation and be elected from among the members of the corporation by the members of the corporation, each of which members […]
§ 5205. Liability of directors and members. (a) No director shall be individually liable for anything done or any liability incurred or assumed by virtue of this article and any such liability shall be collectible only from the corporation. (b) No member shall be subject to any liability except for unpaid assessments.
§ 5206. Powers of corporation. The corporation shall have the power: (a) To use a corporate seal, to contract, to sue and be sued, to adopt and amend by-laws and to exercise all powers necessary and convenient to accomplish the purposes of this article. (b) To prescribe, subject to the approval of the superintendent, the […]
§ 5207. Assessments against members. (a) If at any time in the opinion of the board, the corporation shall require funds for the operation of its business, the board shall levy an assessment against the members of the corporation. (b) Each member shall be liable to the corporation for that portion of the assessment which […]
§ 5208. Notice of claim. (a) The protection provided by the corporation on account of motor vehicle accidents caused by financially irresponsible motorists shall be available to: (1) Any qualified person having a cause of action because of death or bodily injury, arising out of a motor vehicle accident occurring within this state, who files […]
§ 5209. Investigation and defense of claims. (a) The corporation shall provide for the investigation of accidents and actions governed by this article it deems necessary. (b) The corporation may through counsel appear and defend in any action on its own behalf and on behalf of a defendant and take any other steps it deems […]
§ 5210. Application for payment of judgment. (a) When any qualified person who has complied with all the applicable requirements of this article recovers a final judgment in a court against a financially irresponsible motorist, for injury to, or death of, any person arising out of the ownership, maintenance or use of the uninsured motor […]
§ 5211. Hearing on application for payment of judgment. (a) The court shall proceed upon the petition in a summary manner and the petitioner must show: (1) the petitioner is a qualified person; (2) the petitioner was not at the time of the accident operating an uninsured motor vehicle or operating a motor vehicle in […]
§ 5212. Order for payment of judgment. The court shall order the corporation to pay the sum, if any, it finds payable on the claim pursuant to the provisions and limitations of this article if it is satisfied of the truth of all matters required to be shown by the petitioner by section five thousand […]
§ 5213. Settlement of claims or actions. (a) The corporation may, except in the case of claims or actions by or on behalf of infants or judicially declared incompetents, settle without court approval any claim or action against a financially irresponsible motorist if the board, after due deliberation, is satisfied that the settlement is fair […]
§ 5214. Default and consent judgments. (a) No claim shall be allowed and ordered to be paid by the corporation if the court finds upon the hearing for the allowance of the claim that it is founded upon a judgment which was entered by default or consent of the defendant. (b) When the corporation receives […]
§ 5215. Collusive judgments. No claim against the corporation shall be allowed if the court finds, upon the hearing for the allowance of the claim, that the judgment upon which the claim is founded was obtained by fraud, or by collusion of the plaintiff and of any defendant in the action, relating to any matter […]
§ 5216. Assignments of judgments to corporation. (a) The corporation shall not pay any sum, in compliance with an order made for that purpose, if the claim is founded upon a judgment, except a judgment obtained against the corporation under this article, until the petitioner assigns the judgment to the corporation. (b) After assignment the […]
§ 5217. “Hit and run” causes of action. The protection provided by this article shall not apply to any cause of action by a qualified person arising out of a motor vehicle accident occurring in this state against a person whose identity is unascertainable, unless the bodily injury to the qualified person arose out of […]
§ 5218. Procedure for “hit and run” cases. (a) Any qualified person having a cause of action for death or personal injury arising out of the ownership, maintenance or use of a motor vehicle in this state, when the identity of the motor vehicle and of the operator and owner cannot be ascertained or it […]
§ 5219. Disclaimer or denial of coverage cases. If a qualified person who has complied with paragraph three of subsection (a) of section five thousand two hundred eight of this article obtains judgment against an owner of a motor vehicle after a trial on the merits and there is a final judgment in favor of […]
§ 5220. Notice of judgment to commissioner. The corporation shall give notice to the commissioner of the entry of any judgment upon which a claim is made against the corporation under this article and of the payment of any such judgment, or the payment or settlement of any claim by the corporation.
