Uber and Lyft Accident Claims in Hawaii

Transportation network company (Uber/Lyft type) drivers must be covered by primary insurance. While logged on but not engaged in a prearranged ride: liability of at least $50,000 per person and $100,000 per accident for death and bodily injury and $25,000 for property damage, plus minimum personal injury protection. While engaged in a prearranged ride: at least $1,000,000 per accident for death, bodily injury and property damage, plus minimum personal injury protection. Insurers must offer uninsured and underinsured motorist coverage equal to those liability limits, which the driver may reject only in writing; coverage may come from the driver, the TNC or both, and if it lapses or is insufficient the TNC's insurer must cover the claim from the first dollar.

Hawaii is a no-fault state. Policies must include liability coverage of at least $40,000 per person and $80,000 per accident for injury, and $20,000 for property damage (40/80/20), plus personal injury protection (PIP) benefits with a $10,000 per-person aggregate limit. Tort lawsuits for motor vehicle accidents are limited: an injured person may sue the at-fault driver only for death, significant permanent loss of use of a body part or function, permanent and serious disfigurement causing mental or emotional suffering, or when PIP-type benefits incurred reach $5,000 or more.

Modified comparative negligence (51% bar). An injured person can recover if his or her negligence was not greater than the negligence of the defendant (or the combined negligence of all defendants), with damages reduced by his or her percentage of negligence. If the injured person's negligence is greater, judgment is entered for the defendant.

A lawsuit for damage or injury to persons must be filed within two years after the cause of action accrued.