2019 New York Laws
ISC - Insurance
Article 52 - Motor Vehicle Accident Indemnification Corporation
5210 - Application for Payment of Judgment.

§  5210.  Application  for payment of judgment. (a) When any qualified
person who has complied with all the  applicable  requirements  of  this
article  recovers  a  final  judgment  in  a court against a financially
irresponsible motorist, for injury to, or death of, any  person  arising
out  of the ownership, maintenance or use of the uninsured motor vehicle
in this state, which remains unpaid, and all appeals have been concluded
or the time for commencing them has expired, the judgment  creditor  may
file  a verified petition in the court in which the judgment was entered
and, upon ten days' written notice to the corporation apply to the court
for an order directing payment by the corporation of the  amount  unpaid
on  the  judgment.    However,  there shall be no right of recovery by a
covered person from the corporation for non-economic  loss  unless  such
person  has  incurred  a  serious  injury,  as such terms are defined in
section five thousand one hundred two of this chapter.    Such  judgment
exclusive of interest and costs shall not exceed:
  (1) twenty-five thousand dollars on account of injury to one person in
any one accident, and
  (2)  fifty  thousand  dollars on account of death to one person in any
one accident, and
  (3) fifty thousand dollars on account  of  injury  to  more  than  one
person  in any one accident subject to the limit of twenty-five thousand
dollars for any one person, and
  (4) one hundred thousand dollars on account of death to more than  one
person  in  any  one  accident  subject  to  the limit of fifty thousand
dollars for any one person.
  (b) The above applicable limit of liability shall be  reduced  by  the
amount of:
  (1)    any  collectible  liability  insurance  and available assets or
contribution of the financially irresponsible motorist; and
  (2)  any payment received by the qualified person from or on behalf of
any  person  jointly  or   severally   liable   with   the   financially
irresponsible motorist.
  (c)  Any  such  judgment  shall  be  regarded  as  excess to any other
collectible   liability   insurance   afforded   to   any    financially
irresponsible motorist.