In this chapter:
(a) "Basic economic loss" means, up to fifty thousand dollars per person of the following combined items, subject to the limitations of section of this article:
(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:
(c) "Non-economic loss" means pain and suffering and similar non-monetary detriment.
(d) "Serious injury" means a personal injury which results in death; dismemberment; significant disfigurement; a fracture; loss of a fetus; permanent loss of use of a body organ, member, function or system; permanent consequential limitation of use of a body organ or member; significant limitation of use of a body function or system; or a medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person's usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment.
(e) "Owner" means an owner as defined in section of the vehicle and traffic law.
(f) "Motor vehicle" means a motor vehicle as defined in section of the vehicle and traffic law and also includes fire and police vehicles. It shall not include any motor vehicle not required to carry financial security pursuant to article six, eight or forty-eight-A of the vehicle and traffic law or a motorcycle, as defined in subsection (m) hereof.
(g) "Insurer" means the insurance company or self-insurer, as the case may be, which provides the financial security required by article six , eight, or forty-four-B of the vehicle and traffic law.
(h) "Member of his household" means a spouse, child or relative of the named insured who regularly resides in his household.
(i) "Uninsured motor vehicle" means a motor vehicle, the owner of which is (i) a financially irresponsible motorist as defined in subsection (j) of section of this chapter or (ii) unknown and whose identity is unascertainable.
(j) "Covered person" means any pedestrian injured through the use or operation of, or any owner, operator or occupant of, a motor vehicle 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; or any other person entitled to first party benefits.
(k) "Bus" means both a bus and a school bus as defined in sections and of the vehicle and traffic law.
(l) "Compensation provider" means the state insurance fund, or the person, association, corporation or insurance carrier or statutory fund liable under state or federal laws for the payment of workers' compensation benefits or disability benefits under article nine of the workers' compensation law.
(m) "Motorcycle" means any motorcycle, as defined in section of the vehicle and traffic law, and which is required to carry financial security pursuant to article six, eight or forty-eight-A of the vehicle and traffic law.
N.Y. Ins. Law § 5102
Amended by New York Laws 2017, ch. 34,Sec. 1, eff. 6/5/2017.
Amended by New York Laws 2017, ch. 59,Sec. AAA-6-a, eff. 7/9/2017.