Section (pre-1997) does not violate constitutional right to the equal protection of the laws as applied to persons ineligible for no-fault benefits. 87 H. 297, 955 P.2d 90.

Plaintiff did not satisfy minimum level of qualifying expenses necessary to maintain action under subsection (b)(2) (1993) where plaintiff did not present: (1) evidence that medical expenses plaintiff claimed in motor vehicle tort lawsuit were paid, thereby triggering statutory presumption that they were reasonable and necessary; nor (2) expert testimony establishing that the expenses were reasonable and necessary. 88 H. 251, 965 P.2d 793.

Trial court erred in entering judgment for defendant as subsection (b)(2) does not require that jury return verdict in excess of medical-rehabilitative limit established by §431:10C-308, but only requires that "amount paid or accrued" exceeds this limit. 80 H. 188 (App.), 907 P.2d 774.