Types
of Personal Injury Insurance Coverage for Injuries (the Injured)
Liability
Auto PIP Benefits
Auto Collision
Auto Comprehensive
Uninsured Motorist
Underinsured Motorist
Liability:
This type of insurance protects you from claims made against
you. If an accident is your fault and you have caused damage
or injury to others, your liability insurance is available
to compensate the injured parties.
Automobile liability
insurance generally includes coverage for both bodily injury
and property damage. There are usually separate limits stated
for these two categories of coverage. These auto coverages are
mandatory under Hawaii law. That means, if you are required
to purchase auto insurance, you must buy liability coverage
for both bodily injury and property damage.
Premises liability insurance includes, for example, homeowners'
insurance, business owners' insurance, tenants' liability insurance,
and other forms of insurance for accidents related to
particular real property. Premises liability
insurance generally includes some coverage for both: (1) activities
occurring on the particular real property in question and (2) the negligent
conduct of the purchaser of the policy for activities- whether or
not connected to the real property. Most such policies have
a no-fault coverage to pay the medical expenses (up to a fixed $$ limit)
of anyone actually injured on the property. This is called
medical premises liability coverage. The premises liability
insurance generally provides coverage both for bodily injury
and for property damage. There are usually separate limits stated
for the various categories of coverage.
Activity liability insurance includes, for example, special
event insurance, certain types of business owners' insurance,
product liability insurance, league insurance for recreational
activities, malpractice insurance policies, employers' liability
insurance, dive instructors' insurance and other forms of insurance for
accidents related to particular activities or conduct. Activity liability
insurance generally includes some coverage for both: (1) the conduct of
individuals in the corporation or organization running the activity
and (2) participants in the activity even if not part of the organizational
structure. Generally only actionable negligent conduct is insured
by these policies (as for almost all liability insurance).
Occasionally some such policies have
a no-fault coverage to pay the medical expenses (up to a fixed $$ limit)
for anyone actually injured in the activity. This is much rarer than in
the case of premises liability policies. A typical activity liability
insurance policy generally provides coverage both for bodily injury
and for property damage. There are usually separate limits stated
for the various categories of coverage.
Auto PIP Benefits:
Since January 1, 1998, under Hawaii law, Personal Injury
Protection (sometimes known as "No Fault" or "PIP")
has become a basic no-fault type of medical insurance.
The minimum coverage required by Hawaii law is $10,000.00. (This
does not apply to motorcycles, however.) Regardless of who
is at fault for an accident, the PIP insurer is responsible
to pay the reasonable and necessary medical bills of an
owner or occupant of an automobile who is in need of treatment
(with certain exceptions). If you exhaust
your PIP limit of coverage, then any excess medical bills
can be submitted to your health insurance. PIP is mandatory
coverage in Hawaii.
Auto Collision Coverage:
This coverage pays you for any damage done to your vehicle.
It typically is purchased with a deductible. This means
that you must pay up to the amount of your deductible and
then your insurance will cover the excess to repair your 
car. If the accident was not your fault, your insurance
company should demand your deductible back from the responsible
party and then return the deductible to you. Many carriers
have failed to return deductibles in the past. Collision
insurance carriers may also be responsible for the reduction
in the resale value (even after repairs) of a car which
has been involved in an accident. This coverage is optional
under Hawaii law.
Auto Comprehensive Coverage:
This coverage provides protection if your vehicle is stolen
or damaged in a variety of ways other than in an accident
with another vehicle. It may have a deductible. This coverage
is optional under Hawaii law.
Uninsured
Motorist (UM) Coverage:
This coverage protects you and your resident family members in case you or one of them are injured by an
uninsured driver. In Hawaii there are a large number of
uninsured drivers on the road. You should purchase this
coverage in the largest limits available. This coverage
is cheap and—when purchased with UIM coverage in the
same limits—it provides you with an umbrella protection
for injuries due to someone else's negligence while operating
a motor vehicle. This is not a good place to skimp. UM coverage
can generally be purchased in amounts up to the limits of
your liability coverage. You should purchase at least $100,000.00/$300,000.00
limits. If you are injured by an uninsured driver, this
may be the only recovery available to you (beyond your PIP
medical benefits). The difference in price for larger UM
limits is usually not very much. The additional protection
is well worth the price. Do not waive this coverage.
Underinsured
Motorist (UIM) Coverage:
This coverage protects you and your resident family members in case you or one of them are injured by a
underinsured driver. This is a driver whose liability insurance
is inadequate to satisfy your total claim arising out of
an accident. In Hawaii there are many accidents in which
the party at fault is underinsured. You also should purchase
UIM coverage in the largest limits available. UIM coverage
is cheap- just like UM coverage- and- when purchased with
UM coverage in the same limits- they will together provide
you with umbrella protection for injuries which you may
suffer due to someone else's negligence while operating
a motor vehicle. UIM coverage can generally be purchased
in amounts up to the limits of your liability coverage.
You should once again purchase at least $100,000.00/$300,000.00
limits. If you are injured by an underinsured driver, this
may provide critical protection to assist you in putting
the pieces of your life back together. The difference in
price for larger UIM limits is usually quite small. The
additional protection is well worth the price. Do not waive
this coverage.
Contact
Injury Lawyer Hawaii now for a free evaluation of your case.
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