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§5202
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§5202 . Definitions. In this article:
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§5202(a)
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(a) "Motor vehicle" means a motor vehicle as defined in §125 of the vehicle and traffic law and also includes trailers, semi-trailers, motorcycles, tractors and snowmobiles as defined in subdivision 3 of §21 . §05 of the parks, recreation and historic preservation law and shall exclude fire and police vehicles, self-propelled combines, self-propelled corn and hay harvesting machines and tractors used exclusively for agricultural purposes.
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§5202(b)
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(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 province of the Dominion of Canada, or foreign country, in which recourse is afforded, to residents of this state, of substantially similar character to that provided for by this article, or his legal representative. It does not include any operator of or passenger on a snowmobile. In (this sub§) ,"operator" means every person who operates or is in actual physical control of a snowmobile, whether or not it is under way.
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§5202(c)
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(c) "Insured motor vehicle" means a motor vehicle as to which there is maintained proof of financial security as defined in subdivision 3 of §311 of the vehicle and traffic law or §25 . §13 of the parks, recreation and historic preservation law.
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§5202(d)
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(d) "Uninsured motor vehicle" means a motor vehicle other than a motor vehicle described in (sub§ (c)) hereof.
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§5202(e)
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(e) "Insurer" means any company authorized by the superintendent to do any form of motor vehicle liability insurance business in this state.
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§5202(f)
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(f) "Corporation" means the "motor vehicle accident indemnification corporation".
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§5202(g)
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(g) "Board" means the board of directors of the corporation.
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§5202(h)
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(h) "Member" means any insurer authorized to write motor vehicle liability insurance in this state and any self-insurer subject to §316 or §370 of the vehicle and traffic law.
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§5202(i)
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(i) "Insured" means a person defined as an insured under the coverage required by subsection §3420(f) of this chapter.
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§5202(j)
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(j) "Financially irresponsible motorist" means the owner, operator, or other person legally responsible for the operation of an uninsured motor vehicle involved in an accident resulting in personal injury or death who did not have in effect at the time of such accident either:
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§5202(j)(1)
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(1) a valid and collectible policy of bodily injury liability and property damage liability insurance or bond with applicable limits at least equal to those specified in §311 of the vehicle and traffic law; or
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§5202(j)(2)
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(2) a certificate of self insurance issued by the department of motor vehicles pursuant to §316 of the vehicle and traffic law; or
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§5202(j)(3)
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(3) who has not otherwise complied with the provisions of §312 of the vehicle and traffic law; or
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§5202(j)(4)
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(4) who does not have in effect at the time of such accident a valid and collectible policy of bodily injury liability and property damage liability insurance with applicable limits at least equal to those specified in §25 . §13 of the parks, recreation and historic preservation law.
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§5202(k)
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(k) "Commissioner" means the commissioner of motor vehicles.
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§5202(l)
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(l) "Court" means the supreme court, the county court or the civil court of the city of New York, in the county where an action on the cause of action of the qualified person could properly be brought for trial. Source Data downloaded: 2009-04-09 15: 23: 07; Processed: 2009-05-08 15: 36: 18
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