Reader’s Question:

What is a comparative negligence law? Is that law implemented in all states such as here in Honolulu, Hawaii?

Andrew

Honolulu, HI

Hey Andrew, the comparative negligence law is most commonly referred to as the No Fault Law. In an accident, the fault is not always placed on one participant, meaning one party is not necessarily always held at fault for the incident that happened. Often, fault is distributed, in varying percentages, to the parties involved such that both have liabilities. The allocation of fault is normally identified after the insurance company and the claimant has negotiated. The scope of the comparative negligence law vary per state, that’s why you have to either consult an attorney there in Honolulu, Hawaii, or get a copy of state laws in order for you to better understand how this works.

However, you may find that in most states, there are two primary versions. There is what they call a “pure comparative negligence” in which a claimant can collect up to the amount of their damages less the percentage of the damage that was found to be their fault. There is also “modified comparative negligence” wherein a claimant is allowed to collect from the other party’s insurance company if he/she is determined to be at fault for a certain percentage. This type of law is more widely used than the first one.

Tags: car insurance law

Reader’s Question:

My side window was broken this morning and I didnt know who or what caused that. Will my liability insurance cover this damage to my car? I live in Honolulu, Hawaii.

Green

Honolulu, HI

Comprehensive coverage in your car insurance policy covers glass damage but since you only have the liability insurance then the glass damage will not be covered or replaced by your car insurance policy.

Typically glass damage or repairs or replacements are covered under the physical damage of comprehensive coverage portion of the vehicle insurance policy. Normally this coverage covers for any physical damage to your automobile caused not by a collision with an object or another car, but by a different perils.

So with only liability insurance you have in Honolulu, Hawaii you would not be covered by your car insurance company for the side glass damage that was broken due and so it would be your responsibility or the responsibility of the person who caused that damage to your vehicle.

Tags: auto insurance, comprehensive insurance coverage

Reader’s Question:

Will my auto insurance in Honolulu, Hawaii cover rental car that I can use to go to work while my vehicle is being repaired?

Shane

Honolulu, HI

If your vehicle is being repaired because of an auto accident which you were not at fault, you may check if the at-fault driver’s insurance carrier has a rental car allowance during the time your vehicle is being fixed in the car shop.

If for instance you were at fault in an accident and are placing a car insurance claim through your insurance carrier, you should check if you have rental car coverage. There is typically an optional rental car coverage that you can get through your insurance carrier. Your insurance provider can inform you if you have this rental coverage and what your limits are with it.

However if you have not been in an accident and your vehicle is being repaired for other reasons in Honolulu, Hawaii, the rental automobile coverage would not cover a rental vehicle during this period.

Tags: auto insurance, rental car insurance

Reader’s Question:

A kid ran in front of my automobile and I hit her. She was not injured and my car was not damaged. The mother of the little girl said sorry. I did not feel the need to exchange information since there was no harm done to both parties. The mother called the police after I went away and filed a report. There were witnesses and saw what really happenned, but what I am concerned about is if I need to inform my car insurance company in Ewa, Hawaii about this?

Jane

Ewa, HI

Yes, you can let your Ewa, Hawaii insurance carrier know. Actually I had a kinda similar case that happen to me a few months ago, and even though the woman never filed anything against me, but still I reported it to my insurance insurance company. If I were you, I would call my insurance carrier as soon as possible. They will most likely get a statement from the witness and from you

Typically insurance policies have rules or terms that require you to provide notification of insurance claim asap, because it is possible for your your car insurance company to deny car insurance coverage if you have failed to do so, and it still depends on the exact terms of the policy and other factors You absolutely should tell your insurance company what happened.

Always remember also that sometimes witnesses go away. The statute of limitations might be long enough that they will just wait until you can no longer track down the witness, and then sue later on. That also happened to me.

Goodluck!

Reader’s Question:

I was hit by a vehicle at a stop sign but it was the other driver’s fault. I do not have auto insurance. Will the other driver’s auto insurance pay for the damages?

Tim

Honolulu, HI

Yes, typically. You have to report this loss to the other driver’s insurance carrier. A licensed claims adjuster will get your version of the incident as well as the other driver’s version. A claim adjuster will consider all of the facts along with any other information relevant to this accident. The decision will be made by the claims adjuster ultimately.

Additionally, you might receive a citation from the responding police officer for not having your own auto insurance. This could include a fine and you may have to provide proof that you have acquired an insurance policy. But of course, this insurance policy will not cover you for the loss that already happened.

In addition, your driver’s license might be suspended and you may have to satisfy the financial responsibility laws. This means is that you will have to purchase an SR22′ insurance policy.

Tags: auto insurance, driving without insurance, sr22 insurance

Reader’s Question:

Will my car insurance policy number be the same if I have more than one vehicle in North Kona?

Bill

North Kona, HI

Yes, if all of the vehicles are on the same car insurance policy then even though there are multiple vehicles there will be only one auto insurance policy number. Normally you will be issued an auto insurance card for each car to carry with you and show to police officer if requested to do so.

Typically, each insurance card will have policy holder(s) name, the policy number, description of the vehicle and its vehicle identification number (VIN) on it. So while all of your vehicles are under the same car insurance policy number the insurance cards will differentiate between them all and list the vehicle that the insurance card is for on it.

Tags: auto insurance

Reader’s Question:

What happens when my vehicle windscreen gets broken and the stereo and other personal items inside my car gets stolen in Honolulu. Is this still be under my car insurance policy?

Frank

Honolulu, HI

The broken windscreen or windshield in your vehicle would normally be covered by comprehensive insurance policy though the personal belongings stolen from a car are usually not covered by car insurance policy but instead by a person’s renters or homeowner’s insurance.

Since I do not know the specifics of your auto insurance policies I am unable to tell you which coverages would cover this theft situation but your car insurance agent that knows the particulars of your policy and coverages can inform you how to make claims for your vehicle being broken into and your stereo and other personal items being taken in Honolulu HI.

Tags: auto insurance, homeowners insurance

Reader’s Question:

What is the first thing to do after I get my first moving ticket in Pearl City Hawaii?

Marx

Pearl City, HI

After receiving a traffic ticket in Pearl City Hawaii you will need to follow the instructions on the citation that you receive, which might include contacting the traffic court. By contacting the court clerk you should be able to know what your options are with regards the traffic ticket. A driver typically determines if they want to pay the traffic ticket and admit guilt or contest the ticket and not admit guilt.

If you don’t admit guilt and the courts agree with that evaluation, then your auto insurance won’t be affected. If the court instead agrees that the police officer giving you the traffic ticket was in the right, you will have to pay the the fine, court fees, and have the violation put on your driving record which could affect your auto insurance rate.

Tags: auto insurance, automobile, car insurance cost, traffic violation

Reader’s Question:

Recently I was stopped by the police officer in Ewa, Hawaii for an expired registration. My car was towed and I was given a ticket. I would like to know how often is it that the police officers will tow your vehicle for an expired registration?

Jeff

Ewa, HI

There are some state laws that indeed permit for a police officer to tow away a car if they find it without valid registration. Hawaii, and other states such as Texas, Utah, and New Jersey are just a few of these states that permit for the impounding of a car with expired registration.

I am not sure on specific information about how often cars are towed for this offense in Ewa, HI. For your state’s statistics regarding the impounding of cars you could contact your DMV or perhaps Highway Patrol. In most state or local laws it might not be mandatory towing but instead up to the discretion of the law enforcement officer. If that is the case it might be determined by if the law enforcement officer has the time to oversee the impoundment of the car or is called to an incident elsewhere if a vehicle is towed for the offense.

Tags: automobile, traffic violation