(a) Each person sustaining accidental harm, or such person’s legal representative, may, except as provided in subsection (b), obtain the motor vehicle insurance benefits through the plan whenever:

Terms Used In Hawaii Revised Statutes 431:10C-408

  • 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

  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • 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

  • 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
  • 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
  • Owner: means a person who holds the legal title to a motor vehicle; except that in the case of a motor vehicle which is the subject of a security agreement or lease with a term of not less than one year with the debtor or lessee having the right to possession, such term means the debtor or lessee. 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
  • Uninsured motor vehicle: means any of the following:

    (1) A motor vehicle for which there is no bodily injury liability insurance or self-insurance applicable at the time of the accident; or

    (2) An unidentified motor vehicle that causes an accident resulting in injury; provided the accident is reported to the police or proper governmental authority within thirty days or as soon as practicable thereafter. See Hawaii Revised Statutes 431:10C-103

(1) No liability or uninsured motorist insurance benefits under motor vehicle insurance policies are applicable to the accidental harm;
(2) No such insurance benefits applicable to the accidental harm can be identified; or
(3) The only identifiable insurance benefits under motor vehicle insurance policies applicable to the accidental harm will not be paid in full because of financial inability of one or more self-insurers or insurers to fulfill their obligations.
(b) A person, or such person’s legal representative, shall be disqualified from receiving benefits through the plan if:

(1) Such person is disqualified for criminal conduct under section 431:10C-305(d) from receiving the motor vehicle insurance benefits; or
(2) Such person was:

(A) The owner or registrant of the motor vehicle at the time of the motor vehicle’s involvement in the accident out of which such person’s accidental harm arose;
(B) The operator or any passenger of such a vehicle at such time with reason to believe that such vehicle was an uninsured motor vehicle.
(c) Any person eligible for benefits under this part, and who becomes eligible to file a claim or an action against the mandatory bodily injury liability or property damage liability policies, shall, upon the bureau’s determination of eligibility, be entitled to:

(1) The full personal injury protection benefits as if the victim had been covered as an insured at the time of the accident producing the accidental harm, but not including an owner, operator, or passenger of a motorcycle or motor scooter, as defined in § 286-2, or a pedestrian incurring accidental harm arising out of a motorcycle or motor scooter accident, as defined in § 431:10G-101; and
(2) The rights of claim and action against the insurer, assigned under section 431:10C-403, with reference to the mandatory bodily injury liability policy for accidental harm, and with reference to the mandatory property damage liability policy for property damage sustained.

Any claims of an eligible assigned claimant against either mandatory bodily injury liability or property damage liability policies, or the basic personal injury protection policy, shall be filed with the insurer assigned and shall be subject to all applicable conditions and provisions of this subpart and subpart A, except that the date of notification of the assignment shall, where applicable, be substituted for the date of the accident for purposes of § 431:10C-315.

(d) By rules adopted by the commissioner, each self-insurer shall be assessed its equitable proration of all costs and claims paid under this part annually. No claim shall be assigned to any self-insurer for servicing. Proration for insurers and self-insurers shall be founded upon a pro rata distribution for each premium dollar actually or theoretically received. Self-insurers shall be assessed that prorated amount based upon the total premium cost for the coverage and vehicles stated in its certificate of self-insurance, as if the self-insurer had sold the coverage at the premium rates applicable under subpart C.
(e) If a person qualifies for assignment or benefits under this part, the joint underwriting plan or any insurer to whom the claim is assigned by the plan shall be subrogated to the rights of the person and shall have a claim for relief or a cause of action, separate from that of the persons, to the extent that:

(1) It has paid personal injury protection benefits; and
(2) Elements of damage compensated for by the plan, with reference to the mandatory motor vehicle insurance or bodily injury policies and to the mandatory property damage policy for property damage sustained, are paid.
  Previous
Next  
 Subpart B Contents