Key Takeaway
Learn MVAIC claim coverage requirements and qualified person status from Englington Medical case. Expert analysis for Long Island and NYC uninsured motorist accidents.
MVAIC Claim Coverage: Understanding Qualified Person Status in New York No-Fault Cases
When you’re involved in a motor vehicle accident in New York and the at-fault driver is uninsured, the Motor Vehicle Accident Indemnification Corporation (MVAIC) serves as your safety net for no-fault benefits. However, qualifying for MVAIC coverage isn’t automatic, and a recent court decision has created important distinctions between different appellate departments regarding who must prove “qualified person” status. For accident victims on Long Island and throughout New York City, understanding these requirements can be crucial to securing the medical benefits you need.
The Englington Medical Case: A Precedent-Setting MVAIC Decision
Englington Med., P.C. v Motor Veh. Acc. Indem. Corp.,2011 NY Slip Op 00176 (App. Term 2d Dept. 2011)
“On its motion for summary judgment, MVAIC had the burden of establishing, by proof in admissible form, its prima facie entitlement to judgment as a matter of law (see CPLR 3212; Zuckerman v City of New York, 49 NY2d 557, 561). To meet its burden, MVAIC was required to establish, prima facie, that Cruz was not a “qualified person” entitled to no-fault benefits either because she owned an uninsured vehicle despite being statutorily required to carry insurance, or because, at the time of the accident, she was operating a “motorcycle” within the meaning of Insurance Law § 5102(m). Here, MVAIC failed to meet its burden.”
“Moreover, in light of our determination, this Court need not address this contention because there can be no coverage unless and until it is determined at trial that Cruz is a qualified person.”
What I think is interesting here is that the Appellate Division, Second Department, has held that at trial, a Plaintiff must prove that the assignor is a qualified person. Note how the Appellate Division, First Department has held contra.
Understanding MVAIC: New York’s Insurance Safety Net
The Motor Vehicle Accident Indemnification Corporation was created to ensure that accident victims don’t go without no-fault benefits when they’re injured by uninsured drivers. For residents of Long Island, including Nassau County and Suffolk County, as well as accident victims throughout Queens, Brooklyn, Manhattan, the Bronx, and Staten Island, MVAIC provides essential coverage when traditional insurance options aren’t available.
However, accessing MVAIC benefits requires meeting specific criteria, and the Englington Medical case highlights the complexities involved in proving eligibility for these benefits.
What Makes Someone a “Qualified Person”?
Under New York Insurance Law, a “qualified person” eligible for no-fault benefits must meet certain requirements. The law excludes certain individuals from coverage, including:
- Owners of uninsured vehicles who are required by law to carry insurance
- Operators of motorcycles (as defined by Insurance Law § 5102(m))
- Individuals who are not lawfully present in the United States
- Persons who intentionally cause their own injuries
The Englington case focuses specifically on the first two exclusions and demonstrates how MVAIC and the courts determine eligibility for benefits.
The Split Between Appellate Departments
Second Department Approach
The Appellate Division, Second Department, which covers Long Island and several other counties, has taken the position that plaintiffs must prove at trial that they are qualified persons entitled to MVAIC benefits. This places the burden of proof on the accident victim or their healthcare provider to demonstrate eligibility.
This approach has significant implications for MVAIC cases in:
- Nassau County
- Suffolk County
- Kings County (Brooklyn)
- Queens County
- Richmond County (Staten Island)
- And other counties within the Second Department
First Department Approach
In contrast, the Appellate Division, First Department, which primarily covers Manhattan and the Bronx, has taken a different approach to the burden of proof in MVAIC cases. While the specific details of this contrary holding are complex, the practical effect is that the burden may be allocated differently in First Department cases.
This split creates an interesting situation where identical cases might be handled differently depending on which county the case is filed in, highlighting the importance of strategic venue selection and understanding jurisdictional differences.
Practical Implications for MVAIC Claims
For Accident Victims
If you’ve been injured in an accident with an uninsured driver on Long Island or in New York City, the Englington decision has several important implications:
- Documentation is crucial: You may need to prove you’re a qualified person, so maintaining proper documentation of your insurance status and vehicle registration is essential
- Legal representation matters: The complexity of proving qualified person status makes experienced legal counsel particularly important
- Venue selection: Where your case is filed may affect how the burden of proof is allocated
- Early preparation: Since you may need to prove eligibility at trial, gathering evidence early in the process is critical
The Summary Judgment Standard in MVAIC Cases
The Englington case also clarifies the standard that MVAIC must meet when seeking summary judgment. Under the Zuckerman standard, MVAIC must establish prima facie entitlement to judgment as a matter of law. This means MVAIC cannot simply rely on speculation or assumptions about a claimant’s qualified person status.
In the Englington case, MVAIC failed to meet this burden because it could not definitively establish that Cruz was either:
- An owner of an uninsured vehicle required to carry insurance, or
- Operating a motorcycle within the meaning of the Insurance Law
Frequently Asked Questions
Q: What is MVAIC and when does it apply?
A: MVAIC is New York’s Motor Vehicle Accident Indemnification Corporation, which provides no-fault benefits when you’re injured by an uninsured driver or in certain hit-and-run accidents.
Q: Do I automatically qualify for MVAIC benefits if I’m hit by an uninsured driver?
A: No. You must be a “qualified person” under New York law, and the Englington decision shows that you may need to prove this status at trial.
Q: What’s the difference between First and Second Department approaches to MVAIC cases?
A: The Second Department (covering Long Island and other areas) requires plaintiffs to prove qualified person status at trial, while the First Department (primarily Manhattan and Bronx) takes a different approach to burden allocation.
Q: Can MVAIC deny coverage if I own a vehicle?
A: MVAIC can deny coverage if you own an uninsured vehicle and are required by law to carry insurance. However, they must prove this with admissible evidence.
Q: What should I do if MVAIC denies my claim?
A: Contact an experienced MVAIC attorney immediately. These cases involve complex legal standards and evidence requirements that require specialized knowledge.
Q: Does it matter where I file my MVAIC case on Long Island or in NYC?
A: Yes, venue can matter because different appellate departments have taken different approaches to burden of proof in MVAIC cases.
Expert Legal Representation for MVAIC Claims
If you’ve been injured by an uninsured driver on Long Island or in New York City, don’t assume that MVAIC coverage is automatic or straightforward. The Englington Medical decision demonstrates the complexity of proving qualified person status and the importance of understanding the different approaches taken by various courts.
The experienced attorneys at the Law Office of Jason Tenenbaum understand the intricacies of MVAIC law and the evolving standards for proving eligibility. Whether you’re facing a denial, dealing with complex coverage questions, or navigating the differences between appellate department approaches, our team has the knowledge to protect your rights.
We serve accident victims and healthcare providers throughout Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, the Bronx, and Staten Island, providing comprehensive representation for all types of no-fault and MVAIC cases.
MVAIC cases require careful preparation, thorough documentation, and strategic thinking about how to prove qualified person status. The split between appellate departments adds another layer of complexity that requires experienced legal counsel to navigate effectively.
Contact us today at 516-750-0595 for a free consultation. Our experienced MVAIC attorneys will review your case, explain the specific requirements in your jurisdiction, and develop a strategy to prove your eligibility for benefits. We understand how the Englington decision affects MVAIC cases and can help you navigate the complex requirements for establishing qualified person status.
Don’t let MVAIC’s complexity prevent you from getting the benefits you deserve after an accident with an uninsured driver. Call 516-750-0595 now to speak with a knowledgeable attorney who understands the differences between appellate departments and can help you build the strongest possible case for MVAIC coverage. Time is critical in these cases, so contact us today to protect your rights and ensure you receive the medical benefits you need.
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- When appellate divisions grant summary judgment for non-insured events
- Proving motor vehicle accidents through business record entries
- Insurance material misrepresentations and preponderance standards
- New York No-Fault Insurance Law
Legal Update (February 2026): The qualified person requirements under Insurance Law § 5102 and related MVAIC coverage standards discussed in this 2011 post may have been modified through subsequent regulatory amendments or court decisions. Additionally, procedural requirements for summary judgment motions involving MVAIC coverage determinations may have evolved since the Englington decision, and practitioners should verify current provisions of Insurance Law § 5102 and applicable appellate precedent when handling MVAIC qualified person status issues.
