(a) A claimant or defendant shall have the option to elect arbitration to resolve a claim in tort that is covered by motor vehicle liability insurance.
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Terms Used In Hawaii Revised Statutes 431:10C-213.5

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Insured: means :

    (1) The person identified by name as insured in a motor vehicle insurance policy complying with § 431:10C-301; and

    (2) A person residing in the same household with a named insured, specifically:

    (A) A spouse or reciprocal beneficiary or other relative of a named insured; and

    (B) A minor in the custody of a named insured or of a relative residing in the same household with a named insured. See Hawaii Revised Statutes 431:10C-103

  • Motor vehicle: means any vehicle of a type required to be registered under chapter 286, including a trailer attached to such a vehicle, but not including motorcycles and motor scooters. See Hawaii Revised Statutes 431:10C-103
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
(b) A claimant or defendant may submit any dispute relating to a tort claim to binding arbitration by either filing a written request with the clerk of the circuit court in the circuit where the accident occurred or by agreement.
(c) A claimant or defendant shall have the opportunity to decline arbitration.
(d) Except as otherwise provided herein, arbitration shall be in accordance with and governed by chapter 658A.
(e) Fees and costs of arbitration shall be borne equally by the parties, unless otherwise agreed to by the parties.
(f) Collection of any arbitration award issued under this section shall be limited to the applicable liability policy limit, unless the insured tortfeasor otherwise agrees.
(g) The amount of an arbitration award under this section shall not be binding on a subsequent underinsured motorist claim.

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