New York Laws
Article 52 - Motor Vehicle Accident Indemnification Corporation
5202 - Definitions.

(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.