New York Insurance Law Articles 51, 52 and 53 -- Comprehensive Motor Vehicle Insurance Reparations (no-fault), Motor Vehicle Accident Indemnification Corporation and Motor Vehicle Insurance Assigned Risk Plans, each complete

What this document is

New York Insurance Law Articles 51, 52 and 53 -- Comprehensive Motor Vehicle Insurance Reparations (no-fault), Motor Vehicle Accident Indemnification Corporation and Motor Vehicle Insurance Assigned Risk Plans, each complete (art. 51 ss. 5101-5109, art. 52 ss. 5201-5225, art. 53 ss. 5301-5304) is a state statute published by New York State Legislative Bill Drafting Commission (public.leginfo.state.ny.us). It is one of the New York documents that insurance license exam questions are written from, including new york property & casualty, new york personal lines practice questions. This page summarizes it and points to the official version, which is the text to rely on.

Sections cited in practice questions

Each practice answer shows the exact passage it comes from. These are sections of this document that questions cite, with a short excerpt from the source text.

• N.Y. Ins. Law Sec. 5104(a) (Causes of action for personal injury)

  “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...”

• N.Y. Ins. Law Sec. 5102(b) (Definitions; first party benefits)

  “(b) "First party benefits" means payments to reimburse a person for basic economic loss on account of personal injury arising out of the use or operation of a motor vehicle, less: (1) Twenty percent of lost earnings computed pursuant to paragraph two of subsection (a) of this section. (2) Amounts...”

• N.Y. Ins. Law Sec. 5202(b) (Motor Vehicle Accident Indemnification Corporation Act; definition of qualified person)

  “(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...”

• N.Y. Ins. Law Sec. 5106(a) (Fair claims settlement; overdue first party benefits and interest)

  “Payments of first party benefits and additional first party benefits shall be made as the loss is incurred. Such benefits are overdue if not paid within thirty days after the claimant supplies proof of the fact and amount of loss sustained. If proof is not supplied as to the entire claim, the...”

• N.Y. Ins. Law Sec. 5208(a)(2) (Motor Vehicle Accident Indemnification Corporation Act; notice of claim where the identity is unascertainable)

  “(2) (A) Any qualified person having a cause of action because of death or bodily injury, arising out of a motor vehicle accident occurring within this state and reported within twenty-four hours after the occurrence to a police, peace or judicial officer in the vicinity or to the commissioner, and...”

• N.Y. Ins. Law Sec. 5301(a) (Participation in assigned risk plans)

  “All insurers licensed to write motor vehicle insurance in this state shall subscribe to and participate in the reasonable plan or plans, approved, or which may be approved, by the superintendent after consultation with such insurers, for equitable apportionment among such insurers of applicants for...”

• N.Y. Ins. Law Sec. 5102(a)(5) (Definitions; basic economic loss; optional additional coverage)

  “"Basic economic loss" shall also include an additional option to purchase, for an additional premium, an additional twenty-five thousand dollars of coverage which the insured or his legal representative may specify will be applied to loss of earnings from work and/or psychiatric, physical or...”

• N.Y. Ins. Law Sec. 5104(a) (Causes of action for personal injury; order of determination of fault and serious injury)

  “No liability for non-economic loss shall be fixed unless and until the trier of fact has determined the existence of a serious injury. In any action to recover non-economic loss pursuant to this article, the trier of fact shall not determine the question of whether an injury is a serious injury...”

• N.Y. Ins. Law Sec. 5217 (Motor vehicle accident indemnification corporation; hit and run causes of action; physical contact requirement)

  “unless the bodily injury to the qualified person arose out of physical contact of the motor vehicle causing the injury with the qualified person or with a motor vehicle which the qualified person was occupying (meaning in or upon or entering into or alighting from) at the time of the accident.”

• N.Y. Ins. Law Sec. 5102(a)(3) (Definitions; basic economic loss; all other reasonable and necessary expenses)

  “All other reasonable and necessary expenses incurred, up to twenty-five dollars per day for not more than one year from the date of the accident causing the injury.”

Practice this material

Questions about this source

More New York sources

• 11 NYCRR Chapter IX (Unfair Trade Practices), Parts 216 and 218 - New York unfair claims settlement practices and claim cost control measures, and the prohibition against geographical redlining (Part 216 = Regulation 64; Part 218 = Regulation 90)Regulation
• 11 NYCRR Parts 27 and 30 - New York excess line placements governing standards and producer compensation transparency (Part 27 = Regulation 41; Part 30 = Regulation 194)Regulation
• 11 NYCRR Chapter III Subchapter B (Property and Casualty Insurance), Subpart 60-2 and Parts 67 and 73 - New York supplementary uninsured/underinsured motorists insurance, mandatory underwriting inspection of private passenger automobiles, and claims-made policy standards (Subpart 60-2 = Regulation 35-A; Part 67 = Regulation 79; Part 73 = Regulation 121)Regulation
• 11 NYCRR Chapter II (Agents, Brokers and Adjusters), Parts 20, 21, 22, 23 and 34 - New York producer licensing, examination, fiduciary, recordkeeping and place-of-business rules (Part 20 = Regulations 9, 18 and 29; Part 21 = Regulation 5; Part 22 = Regulation 6; Part 23 = Regulation 7; Part 34 = Regulation 125)Regulation
• 11 NYCRR Part 243 (Chapter X, Records) and Part 420 (Chapter XIX) - New York standards of records retention by insurance companies, and privacy of consumer financial and health information (Part 243 = Regulation 152; Part 420 = Regulation 169)Regulation
• 23 NYCRR Part 500 - Cybersecurity Requirements for Financial Services Companies (New York Department of Financial Services; the Part the New York P&C exam outline cites as "Reg 23")Regulation
• Seventh Amendment to 11 NYCRR Part 67 (Insurance Regulation 79) -- Mandatory Underwriting Inspection Requirement for Private Passenger Automobiles, sections 67.2 and 67.3 as adoptedRegulation
• N.Y. Ins. Law s. 3203: Individual life insurance policies; standard provisionsState statute