Hawaii No Fault Clause

State:
Multi-State
Control #:
US-OL25072
Format:
Word; 
PDF
Instant download

Description

This office lease clause describes the allocation of risks. The parties desire to allocate certain risks of personal injury, bodily injury or property damage, and risks of loss of real or personal property by reason of fire, explosion or other casualty, and to provide for the responsibility for insuring those risks as permitted by law.

The Hawaii No Fault Clause in automobile insurance refers to a specific provision that ensures policyholders receive compensation for medical expenses and lost wages in the event of a car accident, regardless of who was at fault. This clause is based on the principle that every driver in Hawaii should have access to quick and fair compensation, thereby eliminating the need for lengthy and costly legal battles to determine fault. The Hawaii No Fault Clause is a legal requirement for all vehicle owners in the state. It is aimed at providing injured parties with immediate financial assistance and medical coverage, allowing them to focus on their recovery rather than the legal complexities surrounding fault determination. Under this clause, insurance companies are obligated to pay for medical bills, rehabilitation expenses, and lost wages, up to a certain limit, without the need for litigation. There are two types of Hawaii No Fault Clauses that policyholders should be aware of: "Pure" No Fault and "Choice" No Fault. 1. Pure No Fault: In this type of clause, also known as Personal Injury Protection (PIP), an injured party can claim benefits under their own insurance policy, regardless of who caused the accident. The claimant's insurance company will pay for their medical expenses, regardless of fault, up to the PIP limit specified in the policy. This coverage extends to the policyholder, household members, and passengers in the insured vehicle. 2. Choice No Fault: This type of clause allows policyholders to choose between Pure No-Fault insurance or traditional Tort insurance. If a policyholder selects Pure No Fault coverage, they can receive benefits without regard to fault, similar to the Pure No-Fault option. However, if they choose Tort insurance, they must prove fault in order to claim compensation for medical expenses and lost wages. It's important to note that Pure No-Fault coverage is the default option in Hawaii, so policyholders must actively select the Choice No-Fault option if they prefer the Tort insurance system. Overall, the Hawaii No Fault Clause plays a crucial role in ensuring that all parties involved in a car accident receive timely compensation for their injuries, regardless of fault. It simplifies the claims process, reduces litigation, and allows individuals to access the necessary medical treatment without delay. Understanding the different types of No Fault Clauses empowers drivers to make informed decisions when selecting their insurance coverage in Hawaii.

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FAQ

Here are the minimum Hawaii auto insurance coverage requirements for the legal operation of an automobile in the state: Bodily injury liability coverage: $20,000 per person and $40,000 per accident. Basic personal injury protection: $10,000. Property damage liability coverage: $10,000.

In a no-fault claim, the parties are not required to prove any party's blameworthiness to resolve the claim. In contrast, parties to a fault-based claim must prove a party was at fault to prevail on the claim.

Hawaii law provides that there is no ?tort liability? if there has not been at least $5,000 paid in medical bills by the No-Fault insurance provider. In other words, if one's injuries are not serious enough to warrant $5,000 worth of medical treatment, then one will not be able to make a claim for their injuries.

Serious bodily injury: As defined in Section 707-700, HRS, bodily injury that creates a substantial risk of death or causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.

Hawaii is a considered a ?no-fault state?, which means your motor vehicle insurance company will pay the bills for your injuries and your passengers' injuries up to the personal injury protection benefits (?PIP?) limit. And you cannot sue or be sued unless there are serious injuries.

Here are the minimum Hawaii auto insurance coverage requirements for the legal operation of an automobile in the state: Bodily injury liability coverage: $20,000 per person and $40,000 per accident. Basic personal injury protection: $10,000. Property damage liability coverage: $10,000.

Hawaii law provides that there is no ?tort liability? if there has not been at least $5,000 paid in medical bills by the No-Fault insurance provider. In other words, if one's injuries are not serious enough to warrant $5,000 worth of medical treatment, then one will not be able to make a claim for their injuries.

Fault for Rear-End Accidents in Hawaii Drivers in Hawaii are required to pay attention and leave enough room between vehicles to stop safely. Rear drivers are liable if an accident happens because they were following too closely for the weather, traffic speed, or road conditions.

More info

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Hawaii No Fault Clause