2013 New York Consolidated Laws
ISC - Insurance
Article 51 - (5101 - 5109) COMPREHENSIVE MOTOR VEHICLE INSURANCE REPARATIONS
5104 - Causes of action for personal injury.

 
    §  5104. Causes of action for personal injury. (a) Notwithstanding any
  other law, in any action by or on behalf of  a  covered  person  against
  another  covered  person for personal injuries arising out of negligence
  in the use or operation of a motor vehicle in this state, there shall be
  no right of recovery for non-economic loss, except  in  the  case  of  a
  serious  injury,  or  for  basic  economic  loss. The owner, operator or
  occupant of a motorcycle which has  in  effect  the  financial  security
  required  by  article  six  or  eight of the vehicle and traffic law, or
  which is referred  to  in  subdivision  two  of  section  three  hundred
  twenty-one  of  such  law,  shall  not  be subject to an action by or on
  behalf of a covered person for recovery for non-economic loss, except in
  the case of a serious injury, or for basic economic loss.
    (b) In any action by or on behalf of a covered person, against a  non-
  covered  person,  where damages for personal injuries arising out of the
  use or operation of a motor vehicle or a motorcycle may be recovered, an
  insurer which paid or is liable for first party benefits on  account  of
  such  injuries has a lien against any recovery to the extent of benefits
  paid or payable by it to the covered  person.  No  such  action  may  be
  compromised by the covered person except with the written consent of the
  insurer,  or with the approval of the court, or where the amount of such
  settlement exceeds fifty thousand dollars. The failure of such person to
  commence such action within two years after accrual gives the insurer  a
  cause  of  action for the amount of first party benefits paid or payable
  against any person who may be liable  to  the  covered  person  for  his
  personal injuries. The insurer's cause of action shall be in addition to
  the  cause  of  action  of  the covered person except that in any action
  subsequently commenced by the covered  person  for  such  injuries,  the
  amount of his basic economic loss shall not be recoverable.
    (c)  Where there is no right of recovery for basic economic loss, such
  loss may nevertheless be pleaded and proved to the  extent  that  it  is
  relevant to the proof of non-economic loss.