Report Title:

No Fault; Pain and Suffering; Fixed Amount

Description:

Establishes fixed dollar amounts for pain and suffering under the motor vehicle insurance law.

HOUSE OF REPRESENTATIVES	H.B. NO.	271
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO MOTOR VEHICLE INSURANCE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 431:10C-306, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Tort liability is not abolished as to the following persons, their personal representatives, or their legal guardians in the following circumstances:

     (1)  Death occurs to the person in such a motor vehicle accident;

     (2)  Injury occurs to the person which consists, in whole or in part, in a significant permanent loss of use of a part or function of the body;

     (3)  Injury occurs to the person which consists of a permanent and serious disfigurement which results in subjection of the injured person to mental or emotional suffering; or

     (4)  Injury occurs to the person in a motor vehicle accident and as a result of such injury that the personal injury protection benefits incurred by such person equal or exceed $5,000; provided that in calculating this amount:

         (A)  The following shall be included:

              (i)  Personal injury protection benefits incurred by, paid to or payable to, or on behalf of, an eligible injured person including amounts paid directly by or on behalf of the eligible insured because of the accidental harm or similar benefits under social security, worker's compensation, or public assistance laws;

             (ii)  The applicable amounts of deductible or copayment paid or incurred;

            (iii)  Amounts paid by or on behalf of an injured person who is not entitled to personal injury protection benefits, by health insurance or other funds; provided that payment in excess of the charges or services allowable under this chapter shall not be included;

             (iv)  Where an eligible injured person receives coverage on other than a fee for service basis including, but not limited to, a health maintenance organization operating on a capitation basis, the value of services provided shall be determined in accordance with the fee schedules allowable under this chapter for purposes of threshold determination;

         (B)  When a person has optional coverage, benefits received in excess of the maximum basic personal injury protection limits set forth in section 431:10C-103.5 shall not be included[.];

provided that damages for pain and suffering awarded per injured person shall be subject to the medical fee schedule as provided under section 431:10C-308.5."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

INTRODUCED BY:

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