2023 New York Laws › ISC - Insurance › Article 52 - Motor Vehicle Accident Indemnification Corporation › 5202 - Definitions.

§ 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  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
section 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
section  three  hundred  sixteen or three hundred seventy 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 section
three hundred twelve 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.