08-29-2012, 08:37 AM
quote:
Originally posted by jusbecuz
cwaters, Hawaii is a fault state on insurance. The police lied to you. If no charges are filed and the police do an ineffective report (which sounds likely to happen from what you've reported) then YOU can end up being liable for this accident. This could mean your at risk for increased insurance rate, cancelled insurance, or even a law suit.
More misinformation. Hawaii is not a "fault" state. It is a "no fault" state which means the Personal Injury Protection on your policy covers you and your passengers" up to the policy limits for injuries - even injuries due to others' actions. If the policy covers uninsured and under insured motorist coverage - no driver on this island should ever waive that coverage, in fact no one at all should waive it - then it will take care of your property damage (up to its limits) and the insurance company's claims department will go after the party who caused the accident. If you mean that under Hawaii law the party causing the accident is at "fault" and must pay for damages, that is correct. However, advising Cwaters that she could be liable for the accident and be sued and lose her insurance is quite a stretch based on her description of the occurrence. The police report is key. It should clearly describe the nature of the accident and who was at fault. If the at fault party received a citation or was designated as the cause of the accident and that party is not Cwaters, she has nothing to worry about legally. Case closed, slam dunk.