New York’s Second Department recently held that a four-wheeled ATV was not a “motor vehicle” as defined by the claimant’s policy or under New York’s Vehicle and Traffic Law, and therefore the claimant could not recover UM benefits after her car collided with the uninsured ATV.

The Court noted that, of course, a three-wheeled ATV is a different story altogether, because in that case, the ATV might be considered a motorcycle.

The lesson, it appears, is to be careful on the roads and when appearing before the Second Department.

http://www.nycourts.gov/reporter/3dseries/2008/2008_04708.htm