New York § 5210 - 5210Application for payment of judgment

§ 5210. 5210Application 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.