Legal Question in Personal Injury in New York
In a 2 car accident where i am a passenger in an uninsured car but the other car has insurance, does MVAIC step into the insurance carrier's shoes for the car i'm in? Also do i have to name MVAIC individually as a Defendant under those facts
2 Answers from Attorneys
Yes to both questions. Sherri L. Plotkin, Esq., Barton Barton & Plotkin LLP
From what you describe, MVAIC will act as the no-fault carrier and insurance carrier for the car you rode as a passenger in. But in order to sue MVAIC you must first bring an order to show cause (a motion of sorts) requesting permission to sue them. This will mean an index number, RJI and motion fee. Only after permission is granted by the court may you start the suit against MVAIC, and you won't be able to use the same index number as the one on the OSC. It's a complex process. Far better to consult with a lawyer. Best, M. E. Zuller
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