- Here's what you need to know...
- No-fault car insurance systems require drivers to file first party claims with their own personal injury protection (PIP) coverage and limit the right to file a civil lawsuit
- Tort states do not require all drivers to file, but only the drivers that are at fault
- Hawaii is a no-fault state
- Drivers in Hawaii are required to carry liability and PIP coverages
If you have no-fault auto insurance, this term loosely means that you can recover your losses from your own insurance carrier no matter who was at fault for your damages.
In terms of state law, no-fault means that you have the right to payment of first-party benefits and you have a restricted right to sue, also known as a limited tort option.
If you have first-party benefit coverage, meaning you can make a claim on your own benefits, you have personal injury protection (PIP).
In a no-fault insurance state, you have to meet certain conditions, also known as a threshold, in order to bring a civil suit to court. Usually, these conditions are related to how severe the injury is or how much the related medical care costs.
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The benefit of being in a no-fault state is that claims are usually processed faster and insurance and legal costs are reduced, which can bring down premiums.
On the other hand, a state that uses a tort or fault-based system does not require insurance companies to pay first-party claims nor does it restrict civil litigation. Drivers in these states are not required to carry PIP coverage on their policies.
Fault systems are the most common type of insurance system with 38 states currently using them.
Is Hawaii a no-fault state?
Hawaii is a no-fault car insurance state. If you are involved in an auto accident in Hawaii, your own insurance coverage will apply to your injuries no matter who is at fault for causing the accident.
You will need to file a claim under your own PIP policy for your medical bills. As with all other no-fault states, in Hawaii, the law limits your legal rights to sue. You can only file a liability claim if:
- Your injuries required medical care that exceeded the limits of your own PIP insurance coverage
Or - You have significant and permanent loss of use of a body part or function or you have suffered permanent or serious disfigurement that has given you mental or emotional distress
- Under Hawaii’s system, you will likely get your claims paid faster and maybe even pay less of a premium than drivers who are in tort states.
However, you may feel slighted if you suffered a serious injury, yet do not qualify to file a liability claim.
It is important to remember that no-fault laws only apply to injuries, not to property damage. If you sustained property damage in an accident that was not caused by you, the party who did cause the accident will be responsible for your property damages.
In Hawaii, all drivers are legally required to have liability coverage and PIP.
Who pays in a car accident?
In general, each driver will pay for their own bodily injury claims in an accident. They will each need to file claims under their PIP benefits.
Drivers who are injured may only sue if they meet the aforementioned qualifications with their injuries. If there has been property damage, the driver at-fault for the accident will be responsible for those damages through their own insurance policy.
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Auto Insurance in Hawaii
Drivers in Hawaii are legally required to have the following types and amounts of coverage:
- PIP – $10,000 for you and your passengers for medical and rehabilitative costs
- Bodily Injury Liability – $20,000 per person/$40,000 per accident
- Property Damage Liability – $10,000 per occurrence
Other optional insurance coverages for Hawaii drivers are as follows:
– Uninsured/Underinsured Motorist
If you are in an accident with another driver who does not have insurance or you are the victim of a hit-and-run accident, your uninsured motorist coverage will apply. If you have exhausted the limits of the at-fault driver’s policy and still do not have your damages paid for, your underinsured motorist coverage will apply.
– Collision and Comprehensive
Collision pays for damages to your property that are caused by you in an accident. Comprehensive pays for damages to your property that are not a result of a car accident, such as hitting wildlife, theft, vandalism, natural disasters, fires, and flooding.
Finding the Best Car Insurance Coverage in Hawaii
For some drivers, finding the best car insurance in Hawaii can be difficult or even frustrating. However, doing some research and taking the time to compare car insurance rates from multiple companies will ensure that you are getting the best deal available.
Using an online price comparison tool is one of the best ways to comparison shop when it comes to auto insurance. A good time to do some comparison shopping is before your policy automatically renews.
In addition to comparing the prices of different auto insurance carriers and policies, you can also save money by asking about available discounts.
Many car insurance companies require drivers to ask about these discounts in order to receive them. Never assume they do not have discounts or that you don’t qualify.
The best rule of thumb is to always ask. Here are some common discounts to inquire about:
- Good driver – If you have not had an accident or a ticket within the past two or three years, you may qualify for a good driver discount.
- Good student – High school students who have good grades are often rewarded with lower auto insurance rates via a good student discount. A copy of your report card is often all that is needed to get this discount.
- Multi-line – Having several different insurance coverages through the same company can help reduce your rates. If you can, use the same company for all of your insurance needs like renters, homeowners, and even life insurance. This will help you get discounts on more than just your auto insurance.
- Anti-theft – If your vehicle is equipped with anti-theft devices, it is less of a risk for your auto insurance company. Therefore, they may offer you a discounted rate.
- Driver education – Taking a driver’s education course or a defensive driving class can make you a better driver and also less of a risk to your auto insurance company. This makes it worthwhile to them to offer you a discount for taking such courses.
- Multi-vehicle – If you have several vehicles to insure, using the same auto insurance company can give you a multi-vehicle discount on all of your cars.
Regardless of your driving history, you can always shop around for cheaper auto insurance coverage by comparing quotes online. Choose the coverage you want and then find a policy that fits your needs and works with your budget.
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