Hawaii Revised Statutes 431:10C-305 – Source of payment
Terms Used In Hawaii Revised Statutes 431:10C-305
- Accidental harm: means bodily injury, death, sickness, or disease caused by a motor vehicle accident to a person. See Hawaii Revised Statutes 431:10C-103
- Criminal conduct: means :
(1) The commission of an offense punishable by imprisonment for more than one year;
(2) The operation or use of a motor vehicle with the specific intent of causing injury or damage; or
(3) The operation or use of a motor vehicle as a converter without a good faith belief by the operator or user that the operator or user is legally entitled to operate or use such vehicle. See Hawaii Revised Statutes 431:10C-103
- Dependent: A person dependent for support upon another.
- Injury: means accidental harm not resulting in death. See Hawaii Revised Statutes 431:10C-103
- 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
- Insured motor vehicle: means a motor vehicle:
(1) Which is insured under a motor vehicle insurance policy; or
(2) The owner of which is a self-insurer with respect to such vehicle. See Hawaii Revised Statutes 431:10C-103
- Insurer: means every person holding a valid certificate of authority to engage in the business of making contracts of motor vehicle insurance in this State. See Hawaii Revised Statutes 431:10C-103
- Monthly earnings: means :
(1) In the case of a person regularly employed, one-twelfth of the average annual compensation before state and federal income taxes at the time of injury or death;
(2) In the case of a person regularly self-employed, one-twelfth of the average annual earnings before state and federal income taxes at the time of injury or death; or
(3) In the case of an unemployed person or a person not regularly employed or self-employed, one-twelfth of the anticipated annual compensation before state and federal income taxes that would have been paid from the time the person would reasonably have been expected to be regularly employed. 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
- Motor vehicle accident: means an accident arising out of the operation, maintenance, or use of a motor vehicle, including an object drawn or propelled by a motor vehicle. See Hawaii Revised Statutes 431:10C-103
- Motor vehicle insurance policy: means an insurance policy that meets the requirements of § 431:10C-301. See Hawaii Revised Statutes 431:10C-103
- Person: means , when appropriate to the context, not only individuals, but corporations, firms, associations, and societies. See Hawaii Revised Statutes 431:10C-103
If there is no insurance on the vehicle, any other motor vehicle insurance applicable to the injured person shall apply.
No person shall recover personal injury protection benefits from more than one insurer for accidental harm as a result of the same accident;
If the person does not collect such benefits under the workers’ compensation laws by reason of the contest of this right to so collect by the person or organization responsible for payment thereof, the injured person, if otherwise eligible, shall, nevertheless, be entitled to receive personal injury protection benefits and, upon payment thereof, the personal injury protection insurer shall be subrogated to the injured person’s rights to collect such benefits.
This subsection shall not preclude recovery in other capacities under a motor vehicle insurance policy covering a vehicle which the person did not occupy at the time of the accident.