What Happens If the Person at Fault in an Accident Has No Insurance in Hawaii?

Hawaii State runs with a no-fault auto insurance system for bodily injury but follows an at-fault system for vehicle and other property damages. As a no-fault state, Haw. Rev. Stat. §431:10C-304 requires drivers to carry personal injury protection (PIP) coverage so that insurance covers some or all medical expenses after a car accident, regardless of who is at fault. In cases where there is no insurance, the at-fault driver is responsible for any property damage or bodily injury and could face legal actions. This could also lead to difficulty recovering compensation for damages and injuries following a Hawaii traffic violation or infraction.

Is It Illegal To Drive Without Insurance In Hawaii?

In Hawaii, drivers must maintain no-fault insurance, liability insurance, or any other form of financial responsibility to operate a vehicle (HRS. § 431:10C-104(b)). Drivers must always have proof of valid car insurance while on the road. Any vehicle operator caught driving without insurance can face the following significant penalties: (HRS. §431:10C-117(a))

• License suspension
• Possible jail time or vehicle impoundment
• $500 fine for 1st offense (optional community service of 75 to 100 hours)
• Minimum $1,500 fine for repeat offenses (optional community service of 200 to 275 hours)
• SR-22 required up to three years for each offense.

What Is the Minimum Insurance Requirement in Hawaii?

As a state with a no-fault insurance system, Hawaii provides PIP or medical payment (MedPay) coverage as a minimum insurance requirement. According to HRS. §431:10C-301(b), a minimum motor vehicle insurance policy has coverage of:

• $10,000 for Personal Injury Protection benefits per person
• $20,000 for bodily injury per person
• $40,000 for bodily injury per accident
• $10,000 for property damage per accident.

Although Uninsured/Underinsured Motorist coverage (UM/UIM coverage) is not a minimum insurance requirement in Hawaii, insurance companies offer it to drivers when purchasing or renewing their auto insurance policies.

What To Do After A Car Accident With an Uninsured Driver in Hawaii

When an at-fault driver is uninsured, a car accident situation becomes complicated and stressful, as the driver is financially responsible for all medical expenses. The following are immediate steps to get legal compensation for an accident with an uninsured driver:

• Check for Injuries to Ensure Safety

After a car accident, check for personal injuries and any passengers' injuries before moving to a safe location. If anyone is injured, call 911 immediately to get medical assistance. Medical reports play a major role in any future claims or legal action against the driver without insurance.

• Report to the Police

If there are injuries or significant damages, file an accident report with the police or the Department of Motor Vehicles (depending on the county) within 24 hours.

• Contact the Insurance Company

If the driver at fault in an accident is suspected of being uninsured, it is reasonable to notify the insurance company immediately. Hawaii is a no-fault insurance state, so PIP insurance will pay for medical expenses, regardless of who is at fault.

• File a Claim with Uninsured Motorist Coverage

Uninsured/Underinsured Motor Insurance coverages are mandatory options, but are usually made available with the auto insurance policy in Hawaii. UM/UIM coverage benefits can clear all medical expenses and damages when the driver at fault lacks insurance. With UM/UIM insurance, one can initiate a claim with an auto insurance company.

• Pursue a Lawsuit

As in any motor vehicle collision, one can sue the uninsured driver. However, even though the other driver is uninsured, the plaintiff still has the burden of proof to establish any negligence that caused the accident and injuries.

What Happens If You Have No Insurance But The Other Driver Was At Fault?

In Hawaii, if a person in an accident is without insurance and the other driver is at fault, pursuing a claim against the at-fault driver's insurance for damages beyond PIP benefits is still possible. However, the innocent party in the accident may still face legal penalties for driving without insurance. This could lead to limitations in the type of damages one can recover, including difficulties in navigating claims without insurance or assets.

Can I Sue an Uninsured Driver in Hawaii?

Yes. It is possible to sue an uninsured driver for causing an accident that caused serious injuries and financial losses. Even though Hawaii is a no-fault state, a civil claim against an uninsured at-fault driver can ensure financial compensation for losses from the accident.

The Small Claims Court hears cases if the amount disputed doesn't exceed $5,000 (HRS. §633-27), or in a counterclaim, does not exceed $40,000. If the claim exceeds $40,000, it will be filed in a District Court in Hawaii.

Will My Insurance Cover Me If the At-Fault Driver Has No Insurance in Hawaii?

MedPay, in addition to Hawaii's Personal Injury Protection, pays for medical bills for both drivers and passengers, regardless of who is at fault. UM/UIM coverage also covers for injuries from an accident with an uninsured driver and for cases where the at-fault driver's insurance is insufficient to cover the medical expenses (HRS. § 431:10C-301(b)(4)). Another optional coverage of the auto insurance policy in Hawaii is the collision coverage, which is for repairs to both cars involved, even for an uninsured driver.

What Is Uninsured Motorist Coverage in Hawaii?

In Hawaii, Uninsured Motorist (UM) coverage is optional auto insurance designed to protect a driver who is injured due to the negligence of another driver who did not have proper bodily injury insurance. This coverage applies to hit-and-run cases, provided certain statutory conditions are met. Underinsured Motorist (UMI) coverage is used in instances where the driver has been injured by another driver who does not have enough insurance to cover the injuries and damages.

According to HRS. §431:10C-301(4)(d), the insurance policy requires insurers to offer the insured the opportunity to purchase UM/UIM as part of a motor vehicle liability policy. The driver with the policy must purchase or reject the coverages in writing if they are not to be included. The law also requires that UM/UIM bodily injury coverage be offered at the same limits as the liability coverage, unless the policyholder requests a lower amount in writing.

What If I Don't Have Uninsured Motorist Coverage in Hawaii?

In Hawaii, a driver involved in an accident with an uninsured driver and who does not have UM coverage, can pursue compensation through the following options:

File a Lawsuit Against the At-fault Driver

Before filing a lawsuit, find out whether the at-fault driver has assets that can cover the damages. Many uninsured drivers lack financial resources, making recovery of any compensation difficult. To proceed, file a personal injury or property damage lawsuit in a civil court. However, the plaintiff needs to prove that the uninsured driver was at fault and notify the court of the losses from the accident.

Pursue Other Insurance Coverages

As a no-fault state, a Personal Injury Protection (PIP) or Medical Payments (MedPay) coverage pays for medical expenses and related bills, regardless of who was at fault. Both coverages may be the primary payment source for medical care and income replacement, even before the uninsured motorist (UM) coverage steps in. Each of them also pay out immediately after the accident, allowing the injured to get treatment without waiting for a UM claim to be settled.

Consider Compensation Programs

The Hawaii Joint Underwriting Plan (HJUP) insures drivers who cannot secure insurance from a licensed company or have multiple DUIs. However, the HJUP is primarily a high-risk insurance arrangement for drivers, not necessarily to compensate victims of uninsured drivers.

How Do I Get Compensation from an Uninsured Driver in Hawaii?

If an uninsured at-fault driver inflicts injuries or causes property damages in a car collision, the injured party may file a compensation claim. Whether the at-fault driver has insurance or not, the injured party can claim other optional benefits from an insurance policy. For instance, Personal Injury Protection and Uninsured Motorist insurance coverages pay for medical expenses and bodily injuries, regardless of who is at fault. However, having UM insurance does not mean that the insurance company will automatically provide compensation for the accident.

If the claim is denied or the settlement is unsatisfactory, then filing a complaint to pursue legal action and obtain compensation through the court system can work. The complaint should have the facts of the accident, show the driver's negligence, and include the damages involved. Upon filing the complaint, the plaintiff may have to pay an applicable filing fee of $35 to $75, unless a fee waiver is granted. The defendant will be served with the complaint and summons, and if, after the response, the court finds the defendant accountable, it will issue a judgment in the plaintiff's favor.

Note that if the uninsured driver has little or no assets, it may be challenging to collect the money judgments. However, the injured party can report the unpaid judgment to the DMV, which could lead to license suspension (HRS. § 287-20).

How Much Can You Recover From an Uninsured At-Fault Driver in Hawaii?

Hawaii's Tort Law (HRS § 663-1) preserves the legal right to compensation if someone causes harm through negligence, including in a car collision situation. The law allows injured parties to recover damages for personal injury, property loss, or other harm caused by another's wrongful act. However, recovery may be constrained by the defendant's lack of financial assets, income, and obligations. If the defendant has insufficient or no means to pay, there could be limitations on the amount of compensation given in a legal case.

Small Claims Court is great for simple cases with low-value claims, with a maximum limit of $5,000. The District Court can handle larger claims with monetary limits from $5,000 to $40,000. Once a judgment is passed, it results in a post-judgment interest rate of 10% per year, unless a different rate is specified by contract (HRS. § 478-3).

How To Find Out If the At-Fault Driver Has Insurance in Hawaii

To verify if an at-fault driver has insurance after an accident, request proof of insurance at the scene. Hawaii law (HRS § 286-116) requires drivers to carry and present proof of insurance during any traffic stop or accident. Alternatively, the injured driver can request for an official police report, which includes whether the at-fault party has valid insurance. The report may also note both parties ' insurers' names and policy numbers for further information on valid insurance coverages.

The injured party's insurance company can investigate the accident based on the information from the other driver's insurer. If the other driver's insurance information is unavailable, the insurance company may employ other methods, like hiring a private investigator.

Are Accidents Public Record in Hawaii?

Yes. Approved motor vehicle accident and police reports are available to interested members of the public as defined in HRS § 291C-20. However, certain information in these reports may remain confidential, and access is granted to parties involved in the incident. Victims in need of a report for insurance purposes may receive a redacted copy to preserve confidentiality (HRS. § 92-F). A redacted copy of a police report may have personal and numerical details, including, but not limited to, name, home address, phone numbers, date of birth, medical, financial, and juvenile information, blacked out.

Can You Go to Jail for Causing an Accident Without Insurance in Hawaii?

Clarify whether jail time is a potential penalty. Distinguish between infractions (e.g., failing to show proof) and misdemeanors (e.g., using fraudulent documents).

Drivers caught operating a car without insurance in Hawaii can face potential penalties, including jail time. However, the possibility of jail time depends on the severity of the offense. For instance, failing to show proof of insurance violates HRS § 431:10C-104, which may not attract jail time, but court fees and reinstatement costs apply. A misdemeanor such as providing fake insurance documents violates HRS. § 710-1060, leading to a 1-year jail term.

Can You Settle With an Uninsured Driver Out of Court in Hawaii?

Yes, out-of-court settlements with an uninsured driver are legal and binding in Hawaii, as long as they meet the requirements of a valid contract. Hawaii law does not prohibit private settlements, even when one party is uninsured. A properly drafted settlement agreement allows both parties to agree on an amount to cover car damages, medical expenses, and other losses. Moreover, these agreements can resolve an insurance case without a lawsuit, saving time and cost for both parties.

Can I Get Compensation If I Was Partially at Fault?

Yes. Hawaii follows a modified comparative negligence rule (HRS § 663-31). This means that if the driver is less than 51% at fault, the court will reduce the award amount in proportion to the percentage of negligence attributable to the driver for whose injury or damage recovery is made. If the driver is found to be 51% or more at fault, there would be nothing to recover.