431:10C-102  Purpose.  (a)  The purpose of this article is to:

Terms Used In Hawaii Revised Statutes 431:10C-102

  • Accidental harm: means bodily injury, death, sickness, or disease caused by a motor vehicle accident to a person. See Hawaii Revised Statutes 431:10C-103
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Motor vehicle: means any vehicle of a type required to be registered under chapter 286, including a trailer attached to such a vehicle, but not including motorcycles and motor scooters. See Hawaii Revised Statutes 431:10C-103
  • Motor vehicle accident: means an accident arising out of the operation, maintenance, or use of a motor vehicle, including an object drawn or propelled by a motor vehicle. See Hawaii Revised Statutes 431:10C-103
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Without regard to fault: means irrespective of fault as a cause of accidental harm, and without application of the principle of liability based on negligence. See Hawaii Revised Statutes 431:10C-103

     (1)  Create a system of reparations for accidental harm and loss arising from motor vehicle accidents;

     (2)  Compensate these damages without regard to fault; and

     (3)  Limit tort liability for these accidents.

     (b)  To effectuate this system of motor vehicle insurance and to encourage participation by all drivers in the motor vehicle insurance system:

     (1)  Those uninsured drivers who try to obtain the privilege of driving a motor vehicle without the concomitant responsibility of an ability to compensate adequately those who are injured as a result of a motor vehicle accident are to be dealt with more severely in the criminal or civil areas than those who obtain the legally required motor vehicle insurance coverage;

     (2)  Those persons truly economically unable to afford insurance are provided for under the public assistance provisions of this article.