Types
of Insurance Coverage for Motor Vehicle Accidents (Car, Truck,
Motorcycle, Auto, Bus, Pedestrian Accidents)
- Auto Liability
- Auto PIP Benefits
- Auto Collision
- Auto Comprehensive
- Uninsured Motorist (UM)
- Underinsured Motorist (UIM)
Auto Liability:
This coverage protects the insured from claims made against
them. If an accident is another driver's fault and he/she caused damage
or injury to you, (with certain restrictions) the other driver's
liability insurance coverage should be available
to compensate you for your losses. (Note:
there are certain threshold requirements to bring
a personal injury claim under Hawaii law- these do
not apply to property damage claims.)
Automobile liability
insurance generally includes coverage for both bodily injury
and property damage. There are usually separate limits stated
for these two categories of coverage. These auto coverages are
mandatory under Hawaii law. That means, if one is required
to purchase auto insurance, he/she must buy liability coverage
for both bodily injury and property damage.
Auto PIP Benefits:
Since January 1, 1998, under Hawaii law, Personal Injury
Protection (sometimes known as "No Fault" or "PIP")
has become a basic no-fault type of medical insurance.
The minimum coverage required by Hawaii law is $10,000.00. (This
does not apply to motorcycles, however.) Regardless of who
is at fault for an accident, the PIP insurer (of a vehicle) is responsible
to pay the reasonable and necessary medical bills of an
owner or occupant of the automobile that they insured (and
certain other parties as well) if
that person is in need of medical treatment
(with certain exceptions). If one exhausts
the PIP limit of coverage, then any excess medical bills
can be submitted to one's private health insurance. PIP is mandatory
coverage in Hawaii.
Auto Collision Coverage:
This coverage pays you for any damage done to your vehicle.
It typically is purchased with a deductible. This means
that you must pay up to the amount of your deductible and
then your insurance will cover the excess to repair your
car. If the accident was another driver's fault, your insurance
company should demand reimbursement (including your deductible)
back from the responsible party's insurer- and, if your
deductible is recovered, then they are required to
return the deductible to you. Many carriers
have failed to return deductibles in the past. Collision
insurance carriers may also be responsible for the reduction
in the resale value (even after repairs) of a car which
has been involved in an accident. This coverage is optional
under Hawaii law.
Auto Comprehensive Coverage:
This coverage provides protection if your vehicle is stolen
or damaged in a variety of ways other than in an accident
with another vehicle. It may have a deductible. This coverage
is optional under Hawaii law.
Uninsured Motorist (UM) Coverage:
This coverage protects you and your resident
family members in case you or one of them are injured by an
uninsured driver. In Hawaii there are a large number of
uninsured drivers on the road. You should purchase this
coverage in the largest limits available. This coverage
is cheap and—when purchased with UIM coverage in the
same limits—it provides you with an umbrella protection
for injuries due to someone else's negligence while operating
a motor vehicle. This is not a good place to skimp. UM coverage
can generally be purchased in amounts up to the limits of
your liability coverage. You should purchase at least $100,000.00/$300,000.00
limits. If you are injured by an uninsured driver, this
may be the only recovery available to you (beyond your PIP
medical benefits). The difference in price for larger UM
limits is usually not very much. The additional protection
is well worth the price. Do not waive this coverage.
SOL v. AIG HAWAII, May 18, 1994
The Hawaii Supreme Court holds that uninsured motorist coverage is "optional" additional coverage
and that because the legislature intended to prevent no-fault insurers
from subrogating against the optional additional coverages, uninsured motorist coverage
is exempt from no-fault reimbursement.
Underinsured Motorist (UIM) Coverage:
This coverage protects you and your resident family members in case you or one of them are injured by a
underinsured driver. This is a driver whose liability insurance
is inadequate to satisfy your total claim arising out of
an accident. In Hawaii there are many accidents in which
the party at fault is underinsured. You also should purchase
UIM coverage in the largest limits available. UIM coverage
is cheap- just like UM coverage- and- when purchased with
UM coverage in the same limits- they will together provide
you with umbrella protection for injuries which you may
suffer due to someone else's negligence while operating
a motor vehicle. UIM coverage can generally be purchased
in amounts up to the limits of your liability coverage.
You should once again purchase at least $100,000.00/$300,000.00
limits. If you are injured by an underinsured driver, this
may provide critical protection to assist you in putting
the pieces of your life back together. The difference in
price for larger UIM limits is usually quite small. The
additional protection is well worth the price. Do not waive
this coverage.
Contact Car
Accident Lawyer Hawaii now for a free evaluation of your case.
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