Cross References
Applicability of article to captive insurers, see §431:19-115.5.
Law Journals and Reviews
Tort and Insurance "Reform" in a Common Law Court. 14 UH L. Rev. 55.
Case Notes
Rent-a-car company's rental agreement provision, which attempted to shift primary responsibility for providing minimum insurance coverage to the renter's personal insurance policy, violated the public policy enumerated in this chapter. 88 H. 274, 965 P.2d 1274.
The owner of a vehicle has the primary obligation to provide minimum coverage for the owned vehicle and this obligation may not be avoided through a unilateral contract with a permissive user of the vehicle. 88 H. 274, 965 P.2d 1274.
When a defendant is charged with a violation of this article, §805-13 is the proper procedural statute for the district court, enforcement officers, and the prosecutor's office to follow. 86 H. 331 (App.), 949 P.2d 171.
As §1-1 does not establish the supremacy of the 1840 Constitution over the current state constitution, or somehow render the documents concurrent, whether chapter 431 violated the 1840 Constitution was immaterial for purposes of defendant's conviction. 90 H. 130 (App.), 976 P.2d 444.
§431:10C-102 Purpose. (a) The purpose of this article is to:
(1) Create a system of reparations for accidental harm and loss arising from motor vehicle accidents;
(2) Compensate these damages without regard to fault; and
(3) Limit tort liability for these accidents.
(b) To effectuate this system of motor vehicle insurance and to encourage participation by all drivers in the motor vehicle insurance system:
(1) Those uninsured drivers who try to obtain the privilege of driving a motor vehicle without the concomitant responsibility of an ability to compensate adequately those who are injured as a result of a motor vehicle accident are to be dealt with more severely in the criminal or civil areas than those who obtain the legally required motor vehicle insurance coverage;
(2) Those persons truly economically unable to afford insurance are provided for under the public assistance provisions of this article. [L 1987, c 347, pt of §2; am L 1997, c 251, §12]
Section: Previous 431-10b-109 431-10b-110 431-10b-111 431-10b-112 431-10b-113 431-10b-114 431-10c-101 431-10c-102 431-10c-103 431-10c-103.5 431-10c-103.6 431-10c-104 431-10c-104.5 431-10c-105 431-10c-106 NextLast modified: October 27, 2016