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Current as of January 01, 2025 | Updated by Findlaw Staff
(a) A U-drive motor vehicle insurance policy shall be primary; provided that its bodily injury and property damage liability coverages shall be secondary to the operator's or renter's motor vehicle insurance policy if:
(1) The U-drive rental business provides any claimant or person sustaining accidental harm or damages, as a result of the operation of the rental vehicle, the identity and address of the operator or renter, along with any information available to the U-drive rental business as to the identity and address of any insurer under any liability policies applicable to the operator or renter; provided that the U-drive rental business shall make reasonable efforts to obtain such information;
(2) A suit may be filed and service upon the responsible operator or renter can be effectuated; and
(3) An insurer responds on behalf of the operator or renter to a claim or suit.
(b) In cases where the U-drive motor vehicle insurance policy is primary because of:
(1) A failure of a renter or operator to cooperate with the U-drive rental business in providing the information described in subsection (a)(1);
(2) The failure to file suit and effectuate service as described in subsection (a)(2); or
(3) The failure of an insurer to respond as described in subsection (a)(3) or defend a claim or pay required benefits or a judgment;
the U-drive rental business may recover from the renter, operator, or insurer, the sums the U-drive rental business expended in payments or benefits, along with reasonable attorneys' fees and expenses.
Cite this article: FindLaw.com - Hawaii Revised Statutes Division 2. Business § 431:10C-303.5 - last updated January 01, 2025 | https://codes.findlaw.com/hi/division-2-business/hi-rev-st-sect-431-10c-303-5/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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