Hawaii Revised Statutes 431:10g-105 Tort Liability.

Case Notes

The plain language of this chapter as well as its legislative history disqualified plaintiff, who was injured by someone operating a motorcycle, from no-fault benefits. 91 H. 299 (App.), 983 P.2d 200.

PART I. GENERAL PROVISIONS

§431:10G-105 Tort liability. (a) With respect to accidental harm incurred in or arising out of a motorcycle accident or motor scooter accident, tort liability is not abolished.

(b) Any owner or operator of a motorcycle or motor scooter involved in a motor vehicle accident as defined in section 431:10C-103 and who incurs accidental harm as defined in section 431:10C-103, including such person's representative or legal guardian, shall have a cause of action in tort as provided in section 431:10C-306. [L 1989, c 208, pt of §1; am L 1997, c 251, §54]

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Last modified: October 27, 2016