Originally Posted by
CB HI
Please, please pay attention, it is clear everything I have been talking about is no-fault auto insurance which covers all medical and the pain and suffering.
Yes material damages fall under Hawaii State Contributory Negligence, but there is nothing in my post talking about the material damages your are trying to interject just to try and be right.
Hawaii lawyer:
"Pedestrians, bicyclists and moped operators are also covered under the no-fault insurance of the vehicle involved in the accident without any requirement that the injured person prove the negligence of the vehicle’s driver."
I appreciate your confusion, but you are fixated on this "no fault" insurance pay-out rule, for insured drivers. It has very little to due with fault found for either civil or criminal liability. Consider this: if a driver negligently left hooks a cyclist and he/she dies at the scene, how does your "no fault" insurance rule come into play? Answer, not at all. The heirs of the cyclist have a civil lawsuit for wrongful death, and the DA considers whether to charge for vehicular manslaughter.