An Mvaic Notice of Claim

Jean-Philippe, Matter of, v Motor Veh. Acc. Indem. Corp., 2020 NY Slip Op 51511(U)(App. Term 2d Dept. 2020)

” To the extent petitioner contends that her submission of an application for no-fault benefits (NF-2) and a copy of a police report together constituted, in effect, the functional equivalent of a notice of claim and thus that she timely complied with Insurance Law § 5208, we reject this contention. Although “he statutory provisions creating and regulating the MVAIC are to be liberally construed to serve their ends” (Matter of Hernandez, 120 AD3d at 1349) and assuming, without deciding, that the NF-2 may be deemed to be have been sufficiently sworn to under penalty of perjury (see Penal Law § 210.45; People v Sullivan, 56 NY2d 378, 380 ), the police report which accompanied petitioner’s NF-2 was not sworn to or otherwise affirmed under penalty of perjury. Consequently, it may not be deemed to be the functional equivalent of so much of a notice of claim as the NF-2 otherwise did not satisfy. As a result, because petitioner did not make an evidentiary showing that she had satisfied the statutory requirement, petitioner failed to establish her entitlement for relief (see Matter of Hernandez, 120 AD3d 1347).”

An NF-2 might be but a police report is not a sworn to form for MVAIC eligibility purposes

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