431:10C-315 Statute of limitations. (a) No suit shall be brought on any contract providing motor vehicle insurance benefits or any contract providing optional additional coverage more than the later of:
Terms Used In Hawaii Revised Statutes 431:10C-315
- Contract: A legal written agreement that becomes binding when signed.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- 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
- 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
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
- 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.
(1) Two years from the date of the motor vehicle accident upon which the claim is based;
(2) Two years after the last payment of motor vehicle insurance benefits;
(3) Two years after the entry of a final order in arbitration;
(4) Two years after the entry of a final judgment in, or dismissal with prejudice of, a tort action arising out of a motor vehicle accident, where a cause of action for insurer bad faith arises out of the tort action; or
(5) Two years after payment of liability coverage, for underinsured motorist claims.
(b) No suit arising out of a motor vehicle accident shall be brought in tort more than the later of:
(1) Two years after the date of the motor vehicle accident upon which the claim is based;
(2) Two years after the date of the last payment of motor vehicle insurance or optional additional benefits; or
(3) Two years after the date of the last payment of workers’ compensation or public assistance benefits arising from the motor vehicle accident.