431:10C-103  Definitions.  As used in this article:

Terms Used In Hawaii Revised Statutes 431:10C-103

  • 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
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Injury: means accidental harm not resulting in death. See Hawaii Revised Statutes 431:10C-103
  • Insured: means :

         (1)  The person identified by name as insured in a motor vehicle insurance policy complying with section 431:10C-301; and

         (2)  A person residing in the same household with a named insured, specifically:

              (A)  A spouse or reciprocal beneficiary or other relative of a named insured; and

              (B)  A minor in the custody of a named insured or of a relative residing in the same household with a named insured. See Hawaii Revised Statutes 431:10C-103

  • Insurer: means every person holding a valid certificate of authority to engage in the business of making contracts of motor vehicle insurance in this State. See Hawaii Revised Statutes 431:10C-103
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • 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
  • Motor vehicle insurance policy: means an insurance policy that meets the requirements of section 431:10C-301. See Hawaii Revised Statutes 431:10C-103
  • Owner: means a person who holds the legal title to a motor vehicle; except that in the case of a motor vehicle which is the subject of a security agreement or lease with a term of not less than one year with the debtor or lessee having the right to possession, such term means the debtor or lessee. See Hawaii Revised Statutes 431:10C-103
  • Person: means , when appropriate to the context, not only individuals, but corporations, firms, associations, and societies. See Hawaii Revised Statutes 431:10C-103
  • Regulation: means any rule and regulation promulgated by the commissioner pursuant to chapter 91. See Hawaii Revised Statutes 431:10C-103
  • U-drive rental business: means the business of renting or leasing to a customer a motor vehicle for a period of six months or less notwithstanding the terms of the rental or lease if in fact the motor vehicle is rented or leased for a period of six months or less. See Hawaii Revised Statutes 431:10C-103

     “Accidental harm” means bodily injury, death, sickness, or disease caused by a motor vehicle accident to a person.

     “Alternative care provider” means any person providing medical or rehabilitative services in section 431:10C-302(a)(10) to a claimant covered by a motor vehicle insurance policy.

     “Anesthetist” means a registered nurse-anesthetist who performs anesthesia services under the supervision of a licensed physician.

     “Criminal conduct” means:

     (1)  The commission of an offense punishable by imprisonment for more than one year;

     (2)  The operation or use of a motor vehicle with the specific intent of causing injury or damage; or

     (3)  The operation or use of a motor vehicle as a converter without a good faith belief by the operator or user that the operator or user is legally entitled to operate or use such vehicle.

     “Injury” means accidental harm not resulting in death.

     “Insured” means:

     (1)  The person identified by name as insured in a motor vehicle insurance policy complying with section 431:10C-301; and

     (2)  A person residing in the same household with a named insured, specifically:

          (A)  A spouse or reciprocal beneficiary or other relative of a named insured; and

          (B)  A minor in the custody of a named insured or of a relative residing in the same household with a named insured.

     A person resides in the same household if the person usually makes the person’s home in the same family unit, which may include reciprocal beneficiaries, even though the person temporarily lives elsewhere.

     “Insured motor vehicle” means a motor vehicle:

     (1)  Which is insured under a motor vehicle insurance policy; or

     (2)  The owner of which is a self-insurer with respect to such vehicle.

     “Insurer” means every person holding a valid certificate of authority to engage in the business of making contracts of motor vehicle insurance in this State.  For purposes of this article, insurer includes reciprocal or inter-insurance exchanges.

     “Maximum limit” means the total personal injury protection benefits payable for coverage under section 431:10C-103.5(a), per person on account of accidental harm sustained by the person in any one motor vehicle accident shall be $10,000, regardless of the number of motor vehicles or policies involved.

     “Medical fee schedule” refers to the Medicare Resource Based Relative Value Scale System applicable to Hawaii, entitled “Workers’ Compensation Supplemental Medical Fee Schedule”.

     “Monthly earnings” means:

     (1)  In the case of a person regularly employed, one-twelfth of the average annual compensation before state and federal income taxes at the time of injury or death;

     (2)  In the case of a person regularly self-employed, one-twelfth of the average annual earnings before state and federal income taxes at the time of injury or death; or

     (3)  In the case of an unemployed person or a person not regularly employed or self-employed, one-twelfth of the anticipated annual compensation before state and federal income taxes that would have been paid from the time the person would reasonably have been expected to be regularly employed.

     “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.

     “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.

     “Motor vehicle insurance policy” means an insurance policy that meets the requirements of section 431:10C-301.

     “Operation, maintenance, or use with respect to a motor vehicle” includes occupying, entering into, and alighting from it, but does not include:

     (1)  Conduct in the course of loading or unloading the vehicle, unless the accidental harm occurs in the immediate proximity of the vehicle; and

     (2)  Conduct within the course of a business of repairing, servicing, or otherwise maintaining vehicles, unless the conduct occurs outside the premises of such business.

     “Owner” means a person who holds the legal title to a motor vehicle; except that in the case of a motor vehicle which is the subject of a security agreement or lease with a term of not less than one year with the debtor or lessee having the right to possession, such term means the debtor or lessee.  Whenever transfer of title to a motor vehicle occurs, the seller shall be considered the owner until delivery of the executed title to the buyer, from which time the buyer holding the equitable title shall be considered the owner.

     “Person” means, when appropriate to the context, not only individuals, but corporations, firms, associations, and societies.

     “Person receiving public assistance benefits” means:

     (1)  Any person receiving benefits consisting of direct cash payments through the department of human services; or

     (2)  Any person receiving benefits from the Supplemental Security Income Program under the Social Security Administration.

     “Regulation” means any rule and regulation promulgated by the commissioner pursuant to chapter 91.

     “Replacement vehicle” means a specific, comparable, and available vehicle in as good or better overall condition than the total loss vehicle.

     “Self-insurer, with respect to any motor vehicle”, means a person who has satisfied the requirements of section 431:10C-105.

     “U-drive motor vehicle” means a motor vehicle which is rented or leased or offered for rent or lease to a customer from an operator of a U-drive rental business.

     “U-drive rental business” means the business of renting or leasing to a customer a motor vehicle for a period of six months or less notwithstanding the terms of the rental or lease if in fact the motor vehicle is rented or leased for a period of six months or less.

     “Underinsured motor vehicle” means a motor vehicle with respect to the ownership, maintenance, or use for which sum of the limits of all bodily injury liability insurance coverage and self-insurance applicable at the time of loss is less than the liability for damages imposed by law.

     “Uninsured motor vehicle” means any of the following:

     (1)  A motor vehicle for which there is no bodily injury liability insurance or self-insurance applicable at the time of the accident; or

     (2)  An unidentified motor vehicle that causes an accident resulting in injury; provided the accident is reported to the police or proper governmental authority within thirty days or as soon as practicable thereafter.

     “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.