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Which of the following NY residents would be a 'qualified person' eligible to file a bodily injury claim against MVAIC for injuries caused by a hit-and-run motorist in New York?

A NY pedestrian struck by a hit-and-run vehicle, who owns no auto and has no resident relative with auto coverage
BA NY driver injured while operating her own uninsured registered NY vehicle
CA NY insured whose own personal auto policy includes SUM at 100/300, injured by an identified uninsured driver
DA non-resident occupying a vehicle insured under a policy issued in another state that responds to the loss

Why this is the answer

§§ 5202 and 5203 define MVAIC eligibility tightly. A claimant must be (1) a NY resident, (2) not the uninsured owner or operator of an uninsured vehicle involved in the accident, and (3) without other available UM/SUM coverage — either their own auto policy or that of a resident relative. The pedestrian in B is a classic qualified person. The driver of her own uninsured vehicle (A) is statutorily excluded — the legislature did not want MVAIC to reward owners who failed to insure. The 100/300 SUM insured (C) has her own UM that responds first. The non-resident occupant (D) generally looks first to the host state policy that responds to the loss, and MVAIC's residency requirement is not met.

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