Question 1

Does Hawaii allow UM/UIM stacking?

Accepted Answer

Only if you buy it. The statute prohibits stacking or aggregating UM and UIM coverage except as provided, and requires every insurer to offer, with each policy, the option to stack and the option to select UM/UIM limits up to your bodily injury liability limits (HRS 431:10C-301(c) and (d)).

Question 2

Is underinsured coverage automatic in Hawaii?

Accepted Answer

No. Insurers must provide UM/UIM coverage, but a named insured may reject it in writing, and the statute requires the offer to be conspicuous, to show the premium next to it and to provide for written rejection by signature (431:10C-301(b)).

Question 3

How does Hawaii decide that a driver is underinsured?

Accepted Answer

An underinsured motor vehicle is one for which the sum of the limits of all bodily injury liability coverage and self-insurance applicable at the time of loss is less than the liability for damages imposed by law (431:10C-103).

Question 4

What does the Hawaii no-fault law mean for UM claims?

Accepted Answer

Tort liability for motor vehicle accidents is abolished except in listed cases: death, significant permanent loss of use of a part or function of the body, permanent and serious disfigurement, or personal injury protection benefits incurred of $5,000 or more. A UM claim must meet the article's requirements (431:10C-306).

Question 5

How long do I have to sue?

Accepted Answer

Actions for damage or injury to persons must be instituted within 2 years after the cause of action accrued (HRS 657-7). That is the tort deadline; ask an attorney about the deadline in your own policy for a claim against your insurer.

Hawaii UM/UIM Stacking Calculator

Estimate your UM/UIM benefits

Hawaii bans stacking unless the insured buys the stacking option

Hawaii UM/UIM Stacking Calculator

Estimate your UM/UIM benefits

Hawaii bans stacking unless the insured buys the stacking option

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