Is Daniel's right to give notice to and recover from the carrier of the carrier that insured him that he was injured in a motor vehicle accident?

Because the statute gives Daniel an independent right to give notice to and to recover from the carrier, he is no more vicariously chargeable with his parents' delay than would any other claimant be chargeable with the delay of the unrelated tort-feasor-insured who caused his or her injury. The conditions imposed upon the exercise of those rights are that it be shown that it was not reasonably possible that notice be given within the time prescribed by t policy and that notice was given as soon as was reasonably possible. When those two conditions are met "the statute shifts the risk of the insured's delay to the compensated risk-taker who can initially accept or reject those for whom it will bear such risks" (Lauritano v. American Fid. Fire Ins. Co., 3 A.D.2d 564, 568, 162 N.Y.S.2d 553, supra ).