If an insured is involved in an accident with an uninsured motorist and the insured paid a deductible amount for damages incurred in that accident, and if the insurer recovers any money from the uninsured motorist, the insurer shall reimburse the insured, provided that:

(1) The amount recovered shall be divided equally between the insured and the insurer;

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Terms Used In Hawaii Revised Statutes 431:10C-305.5

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • 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

  • 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
(2) The amount of the insured’s reimbursement shall not exceed the deductible paid; and
(3) If the amount of damages exceeds $2,500, the insurer shall:

(A) Pay the full amount of the deductible to the insured; or
(B) Initiate proceedings against the uninsured motorist to recover damages.