2006 New York Code - "no-fault" Benefits To Qualified Persons.

 
    § 5221. "No-fault" benefits to qualified persons. (a) The terms "basic
  economic  loss",  "first  party benefits", "non-economic loss", "serious
  injury", "motor  vehicle",  "insurer",  "uninsured  motor  vehicle"  and
  "covered  person",  as used in this section, shall have the same meaning
  given them in section five thousand one hundred two of this chapter.
    (b)  (1)  Notwithstanding  the  provisions  of   this   article,   the
  corporation  shall  also provide for the payment of first party benefits
  to a qualified person for basic economic loss arising out of the use  or
  operation in this state of an uninsured motor vehicle.
    (2)  A  qualified  person  who  has  complied  with all the applicable
  requirements of this article shall be deemed to be a covered person  and
  shall  have  only such rights as a covered person may have under article
  fifty-one of this chapter.
    (3) The corporation shall have only those rights and obligations which
  are applicable to an  insurer  subject  to  article  fifty-one  of  this
  chapter.
    (4)  No  payment  for non-economic loss shall be made pursuant to this
  article to a covered person unless such person has  incurred  a  serious
  injury,  as  such terms are defined in section five thousand one hundred
  two of this chapter.
    (5) The corporation shall not duplicate any element of basic  economic
  loss provided for under this section or any section of article fifty-one
  of  this chapter. No payments of first party benefits for basic economic
  loss made pursuant to this section shall diminish the obligations of the
  corporation under this article for the payment of non-economic loss  and
  economic loss in excess of basic economic loss.
    (6)  If  a  controversy  arises between the corporation and an insurer
  concerning the obligation to pay first party benefits, payment of  first
  party benefits by the corporation shall not be stayed pending resolution
  of  the  controversy.  Any  such controversy shall be solely resolved by
  submission to mandatory arbitration pursuant to  procedures  promulgated
  or  approved by the superintendent. Such procedures shall, to the extent
  practicable, be those applicable to insurers pursuant  to  section  five
  thousand one hundred five of this chapter.
    (c)  The  corporation  shall  continue  to  comply  with  the  plan of
  operation  approved  by  the  superintendent,  which  provides  for  the
  economical, prompt and fair payment of first party benefits to qualified
  persons  in substantially the same manner as is required of insurers and
  self-insurers by article fifty-one of this chapter  and  regulations  of
  the  superintendent. The plan may provide for the corporation to utilize
  the service of authorized insurers in the payment of  claims  for  first
  party  benefits.  Amendments to the plan of operation may be made on the
  initiative  of  the  directors,  subject  to   the   approval   of   the
  superintendent, or shall be made at the direction of the superintendent.