PLNew Yorkhard
A New York pedestrian is struck while crossing a Brooklyn street by a NY-registered taxi. The pedestrian carries her own NY personal auto policy on a separate car parked at home. Whose no-fault carrier is PRIMARY for her Basic Economic Loss?
AThe pedestrian's own auto carrier (because she has a NY policy)
BMVAIC (because she was not in a vehicle)
CNeither — pedestrians are ineligible for no-fault and must pursue a tort claim
The taxi's no-fault carrier (the striking vehicle)
Why this is the answer
Under NY Ins. Law § 5103(a) and 11 NYCRR § 65-3.12, every NY-registered motor vehicle's no-fault policy must pay first-party benefits to pedestrians struck by that vehicle. The taxi's PIP carrier is therefore primary. The pedestrian's own auto carrier is excess only if the striking vehicle is uninsured or coverage is otherwise unavailable. MVAIC applies only when the striking vehicle is uninsured, unidentified (hit-and-run), or otherwise uncovered — not the case here.
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