N.Y. ISC Law § 5102 — New York Code / Act ISC / Article 51 / Section 5102
Definitions
Status: in_force

§ 5102. Definitions. In this chapter:\n  (a) "Basic economic loss" means, up to fifty thousand dollars per\nperson of the following combined items, subject to the limitations of\nsection five thousand one hundred eight of this article:\n  (1) All necessary expenses incurred for: (i) medical, hospital\n(including services rendered in compliance with article forty-one of the\npublic health law, whether or not such services are rendered directly by\na hospital), surgical, nursing, dental, ambulance, x-ray, prescription\ndrug and prosthetic services; (ii) psychiatric, physical therapy\n(provided that treatment is rendered pursuant to a referral) and\noccupational therapy and rehabilitation (provided that treatment is\nrendered pursuant to a referral); (iii) any non-medical remedial care\nand treatment rendered in accordance with a religious method of healing\nrecognized by the laws of this state; and (iv) any other professional\nhealth services; all without limitation as to time, provided that within\none year after the date of the accident causing the injury it is\nascertainable that further expenses may be incurred as a result of the\ninjury. For the purpose of determining basic economic loss, the expenses\nincurred under this paragraph shall be in accordance with the\nlimitations of section five thousand one hundred eight of this article.\n  (2) Loss of earnings from work which the person would have performed\nhad he not been injured, and reasonable and necessary expenses incurred\nby such person in obtaining services in lieu of those that he would have\nperformed for income, up to two thousand dollars per month for not more\nthan three years from the date of the accident causing the injury. An\nemployee who is entitled to receive monetary payments, pursuant to\nstatute or contract with the employer, or who receives voluntary\nmonetary benefits paid for by the employer, by reason of the employee's\ninability to work because of personal injury arising out of the use or\noperation of a motor vehicle, is not entitled to receive first party\nbenefits for "loss of earnings from work" to the extent that such\nmonetary payments or benefits from the employer do not result in the\nemployee suffering a reduction in income or a reduction in the\nemployee's level of future benefits arising from a subsequent illness or\ninjury.\n  (3) All other reasonable and necessary expenses incurred, up to\ntwenty-five dollars per day for not more than one year from the date of\nthe accident causing the injury.\n  (4) "Basic economic loss" shall not include any loss incurred on\naccount of death; subject, however, to the provisions of paragraph four\nof subsection (a) of section five thousand one hundred three of this\narticle.\n  (5) "Basic economic loss" shall also include an additional option to\npurchase, for an additional premium, an additional twenty-five thousand\ndollars of coverage which the insured or his legal representative may\nspecify will be applied to loss of earnings from work and/or\npsychiatric, physical or occupational therapy and rehabilitation after\nthe initial fifty thousand dollars of basic economic loss has been\nexhausted. This optional additional coverage shall be made available and\nnotice with explanation of such coverage shall be provided by an insurer\nat the first policy renewal after the effective date of this paragraph,\nor at the time of application.\n  (b) "First party benefits" means payments to reimburse a person for\nbasic economic loss on account of personal injury arising out of the use\nor operation of a motor vehicle, less:\n  (1) Twenty percent of lost earnings computed pursuant to paragraph two\nof subsection (a) of this section.\n  (2) Amounts recovered or recoverable on account of such injury under\nstate or federal laws providing social security disability benefits, or\nworkers' compensation benefits, or disability benefits under article\nnine of the workers' compensation law, or medicare benefits, other than\nlifetime reserve days and provided further that the medicare benefits\nutilized herein do not result in a reduction of such person's medicare\nbenefits for a subsequent illness or injury.\n  (3) Amounts deductible under the applicable insurance policy.\n  (c) "Non-economic loss" means pain and suffering and similar\nnon-monetary detriment.\n  (d) "Serious injury" means a personal injury which results in death;\ndismemberment; significant disfigurement; a fracture; loss of a fetus;\npermanent loss of use of a body organ, member, function or system;\npermanent consequential limitation of use of a body organ or member; or\nsignificant limitation of use of a body function or system.\n  (e) "Owner" means an owner as defined in section one hundred\ntwenty-eight of the vehicle and traffic law.\n  (f) "Motor vehicle" means a motor vehicle as defined in section three\nhundred eleven of the vehicle and traffic law and also includes fire and\npolice vehicles. It shall not include any motor vehicle not required to\ncarry financial security pursuant to article six, eight or forty-eight-A\nof the vehicle and traffic law or a motorcycle, as defined in subsection\n(m) hereof.\n  (g) "Insurer" means the insurance company or self-insurer, as the case\nmay be, which provides the financial security required by article six,\neight, or forty-four-B of the vehicle and traffic law.\n  (h) "Member of his household" means a spouse, child or relative of the\nnamed insured who regularly resides in his household.\n  (i) "Uninsured motor vehicle" means a motor vehicle, the owner of\nwhich is (i) a financially irresponsible motorist as defined in\nsubsection (j) of section five thousand two hundred two of this chapter\nor (ii) unknown and whose identity is unascertainable.\n  (j) "Covered person" means any pedestrian injured through the use or\noperation of, or any owner, operator or occupant of, a motor vehicle\nwhich has in effect the financial security required by article six or\neight of the vehicle and traffic law or which is referred to in\nsubdivision two of section three hundred twenty-one of such law; or any\nother person entitled to first party benefits.\n  (k) "Bus" means both a bus and a school bus as defined in sections one\nhundred four and one hundred forty-two of the vehicle and traffic law.\n  (l) "Compensation provider" means the state insurance fund, or the\nperson, association, corporation or insurance carrier or statutory fund\nliable under state or federal laws for the payment of workers'\ncompensation benefits or disability benefits under article nine of the\nworkers' compensation law.\n  (m) "Motorcycle" means any motorcycle, as defined in section one\nhundred twenty-three of the vehicle and traffic law, and which is\nrequired to carry financial security pursuant to article six, eight or\nforty-eight-A of the vehicle and traffic law.\n