§ 5210. Application for payment of judgment. (a) When any qualified
person who has complied with all the applicable requirements of this
article recovers a final judgment in a court against a financially
irresponsible motorist, for injury to, or death of, any person arising
out of the ownership, maintenance or use of the uninsured motor vehicle
in this state, which remains unpaid, and all appeals have been concluded
or the time for commencing them has expired, the judgment creditor may
file a verified petition in the court in which the judgment was entered
and, upon ten days' written notice to the corporation apply to the court
for an order directing payment by the corporation of the amount unpaid
on the judgment. However, there shall be no right of recovery by a
covered person from the corporation for non-economic loss unless such
person has incurred a serious injury, as such terms are defined in
section five thousand one hundred two of this chapter. Such judgment
exclusive of interest and costs shall not exceed:
(1) twenty-five thousand dollars on account of injury to one person in
any one accident, and
(2) fifty thousand dollars on account of death to one person in any
one accident, and
(3) fifty thousand dollars on account of injury to more than one
person in any one accident subject to the limit of twenty-five thousand
dollars for any one person, and
(4) one hundred thousand dollars on account of death to more than one
person in any one accident subject to the limit of fifty thousand
dollars for any one person.
(b) The above applicable limit of liability shall be reduced by the
amount of:
(1) any collectible liability insurance and available assets or
contribution of the financially irresponsible motorist; and
(2) any payment received by the qualified person from or on behalf of
any person jointly or severally liable with the financially
irresponsible motorist.
(c) Any such judgment shall be regarded as excess to any other
collectible liability insurance afforded to any financially
irresponsible motorist.