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Who pays for car damage in a no-fault state?

On Behalf of | Jul 28, 2023 | Auto Accidents

There is some confusion about what happens after a motorcycle, truck or car accident in a no-fault state. Although the term implies that no one is at fault for any accident, this is untrue.

So, who pays for car damage in a no-fault state is more complex than it seems. There are situations where the at-fault party’s insurance needs to pay damages for your vehicle.

Hawaii’s insurance law

Hawaii requires you to carry at least personal injury protection, bodily injury and property damage liability. The amounts of coverage are:

  • $20,000 per person and $40,000 per accident bodily injury
  • $10,000 per person and passengers
  • $10,000 per occurrence for property damage

There are other optional coverages as well. These can include uninsured motorists, comprehensive and collision, alternative care, death benefits, funeral benefits and wage loss.

Hawaii’s no-fault law

No-fault means that if you or your passengers suffer from an injury due to a car accident, your insurance pays your medical bills up to the amount of your personal injury protection. You can not sue, and the other party can not sue you if there are no serious injuries.

This does not apply to property damage or damage to your vehicle. The driver who is at fault is responsible for paying for this damage. If they do not have insurance and you do not have uninsured motorist coverage, you might end up paying for the damage to your vehicle.

You can still sue if the damages exceed your insurance coverage. These lawsuits are often complex and time-consuming since you have to prove whose fault the accident is.