New York Laws
Article 52 - Motor Vehicle Accident Indemnification Corporation
5213 - Settlement of Claims or Actions.

(1) the claimant has complied with the requirements prescribed in
paragraphs one, two and three of subsection (a) of section five thousand
two hundred eleven of this article;
(2) the settlement is not made on the behalf of an insurer or surety
under circumstances described in paragraph six of subsection (a) of
section five thousand two hundred eleven of this article;
(3) the financially irresponsible motorist involved in the accident
was not insured under a policy of motor vehicle liability insurance or
an indemnity bond under which the insurer or surety is liable for the
damages sustained; and
(4) a judgment against the financially irresponsible motorist would
not be collectible within a reasonable time.
(b) As a condition to the payment of the amount of the settlement the
qualified person, notwithstanding the provisions of title one of article
thirteen of the general obligations law, shall assign his claim to the
corporation which shall then be subrogated to all of the rights of the
qualified person against the financially irresponsible motorist.