Report Title:

Uninsured Motor Vehicles; Right to Sue

 

Description:

Prohibits the driver of an uninsured motor vehicle that is involved in an accident from suing any other person. Allows a passenger in an uninsured motor vehicle involved in an accident to sue only the driver of that vehicle.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

1336

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to uninsured motor vehicles.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 431, Hawaii Revised Statutes, is amended by adding a new section to Article 10C to be appropriately designated and to read as follows:

"§431:10C- Operators and passengers of uninsured motor vehicles; limitation on the right to sue. (a) Notwithstanding section 431:10C-306 or any other law to the contrary:

(1) If the operator of an uninsured motor vehicle is involved in a motor vehicle accident occurring in this State, the operator, or that person's legal representative if the operator has died as a result of that accident, may not maintain an action for damages against any other person for the operator's injuries or death arising out of that accident; and

(2) If the passenger of an uninsured motor vehicle is involved in a motor vehicle accident occurring in this State, the passenger, or that person's legal representative if the passenger has died as a result of that accident, may maintain an action for damages only against the operator of that uninsured motor vehicle for the passenger's injuries or death arising out of that accident.

(b) Subsection (a) shall apply regardless of whether the operator or passenger of an uninsured motor vehicle operated or used that vehicle without reason to believe it to be an uninsured motor vehicle."

SECTION 2. Section 431:10C-118, Hawaii Revised Statutes, is repealed.

["§431:10C-118 Fee in lieu of fine; defense. (a) Any person bringing an action in tort under this article who was uninsured at the time of the accident shall pay a fee of $1,000 in lieu of any fine which could have been levied as a criminal penalty for failing to obtain the motor vehicle insurance coverage required by this article.

(b) The fee required under subsection (a) shall be paid by the person directly, or deducted from any settlement or verdict received, or both.

(c) No person shall be required to pay the fee in subsection (a) if the person can show proof of having been convicted in a prior criminal proceeding for failing to have motor vehicle insurance coverage on the date of the accident which is the subject of the tort action."]

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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