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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.
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I would demand that the other party be given a citation for operating without a license and failure to have insurance while operating. You can follow up retroactively and ask a Traffic supervisor to review this matter or the LT from Traffic.
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From Hawaii.gov
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. Because "no-fault" applies to injuries, not to vehicles or property, the driver-at-fault in an accident is responsible for damages to vehicle and property.
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Bringing Justice to the Islands
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You sure they even filed a report? The reason I ask don't know of any agency where a supervisor doesn't review reports. I can only speak from some experience but if it was reviewed where I have worked somebody would need to explain why no charge for no DL. If it was a road rage deal then the next question would be where is the arrest report. From that point on things would really go down hill for this officer. If what you say was true it would be kicked to investigations with a note to follow up and make the correct charges as needed.
I like it here in the shallow end of the gene pool
I like it here in the shallow end of the gene pool
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I agree.
Pua`a
S. FL
Big Islander to be.
Pua`a
S. FL
Big Islander to be.
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C Waters
Please let us know how this turns out for you. I suspect many drivers out there have no liscense or insurance, judging by how many try to circumvent the required safety inspections
Ask any safety inspector and they can tell you horror stories of people trying to fake insurance, etc.
Mac nut
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Usually when you run a license for status you have to do it over the air, unless your using a MDT. The recording of the dispatcher coming back with the return of "no record on file",,,or "returns suspended from,," can be used as proof on your follow up complaint on the officer. I find it really hard to beleive that not even a citation was issued in this matter. I also suggest that if you ever have any encounter with a Police Officer to get the incident number. Although there is no report at the time, there will be a report attached to that incident number in the future. All matters in public service are progressive. I mean that it has to start somewhere. When this Officer is up for promotion and there is nothing in his file regarding his work, then he looks great, as opposed to having a file with tons of citizens complaints.
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There was a police report and I have requested it. The Pahoa office said the case was closed, but no report yet. 10 days. I was told the woman got a citation, but I want to see it in writing.
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A week later... Any news?
Nothing left to do but
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Color me curious as well. I'd really like to know the outcome of this. Did anyone else sustain damages or bodily injury due to road-rager? Were there any witnesses to the occurrence who - hopefully - provided their contact information?
You would think that if you had no license and no insurance the last thing you'd want to do is something stupid behind the wheel.
I realize the irony of no license and no insurance and stupidty.
Please let us know.
