Uninsured/Underinsured Motorist Complaint

UNINSURED/UNDERINSURED MOTORIST COMPLAINT

State of Hawaii — Circuit Court

TABLE OF CONTENTS

1. Caption
2. Parties
3. Jurisdiction and Venue
4. Insurance Policy Information
5. Coverage Type — UM vs. UIM
6. Facts of the Accident
7. Uninsured/Underinsured Status of At-Fault Driver
8. Exhaustion of Liability Coverage
9. Breach of Contract
10. Bad Faith (If Applicable)
11. Damages
12. Stacking Allegations
13. Arbitration vs. Litigation
14. Prayer for Relief
15. Verification
16. Hawaii Practice Notes

1. CAPTION

IN THE CIRCUIT COURT OF THE [____] CIRCUIT

STATE OF HAWAII

COMPLAINT FOR UNINSURED/UNDERINSURED MOTORIST BENEFITS

2. PARTIES

2.1 Plaintiff

1. Plaintiff, [PLAINTIFF FULL LEGAL NAME], is an individual who at all relevant times resided at [________________________________], [CITY], Hawaii [__________].

2. Plaintiff was, at the time of the incident, a named insured or covered person under a motor vehicle insurance policy issued by Defendant that included UM/UIM coverage.

2.2 Defendant — Insurance Company

3. Defendant, [INSURANCE COMPANY FULL LEGAL NAME], is an insurance company authorized to transact motor vehicle insurance business in the State of Hawaii, with its principal place of business at [________________________________].

3. JURISDICTION AND VENUE

4. This Court has jurisdiction over this matter pursuant to HRS § 603-21.5 (Circuit Court general civil jurisdiction).

5. The amount in controversy exceeds $40,000, placing this action within the jurisdiction of the Circuit Court.

6. Venue is proper in the [____] Circuit because (select applicable):

☐ The accident occurred within this circuit
☐ Defendant transacts business within this circuit
☐ Plaintiff resides within this circuit

4. INSURANCE POLICY INFORMATION

7. At all relevant times, Plaintiff was insured under a motor vehicle insurance policy issued by Defendant, Policy No. [________________________________], effective from [__/__/____] to [__/__/____].

8. The policy provided the following relevant coverages:

☐ Uninsured Motorist Bodily Injury: $[________] per person / $[________] per accident
☐ Underinsured Motorist Bodily Injury: $[________] per person / $[________] per accident
☐ Personal Injury Protection (PIP/No-Fault): $[________]
☐ Bodily Injury Liability: $[________] per person / $[________] per accident

9. Plaintiff affirmatively elected UM/UIM coverage as offered by Defendant in compliance with HRS § 431:10C-301(b).

10. Plaintiff paid all required premiums and complied with all policy conditions.

5. COVERAGE TYPE — UM vs. UIM

11. This claim is brought under (select applicable):

☐ Uninsured Motorist (UM) Coverage — The at-fault driver had no bodily injury liability insurance or self-insurance applicable at the time of loss, as defined in HRS § 431:10C-103.

☐ Underinsured Motorist (UIM) Coverage — The sum of the limits of all bodily injury liability insurance and self-insurance applicable to the at-fault driver at the time of loss was less than the liability for damages imposed by law, as defined in HRS § 431:10C-103.

☐ Uninsured Motorist (UM) Coverage — Hit-and-Run — The at-fault vehicle left the scene and the owner/operator cannot be identified.

6. FACTS OF THE ACCIDENT

12. On or about [__/__/____], at approximately [____] ☐ a.m. ☐ p.m., Plaintiff was operating/occupying a motor vehicle at or near [________________________________], [CITY], [ISLAND], Hawaii.

13. At said time and place, a motor vehicle operated by [AT-FAULT DRIVER NAME, if known] (hereinafter "Tortfeasor") struck/collided with Plaintiff's vehicle.

14. The collision occurred under the following circumstances: [________________________________]
    [________________________________]
    [________________________________]

15. The Tortfeasor was negligent in one or more of the following respects:

☐ Failing to maintain a proper lookout
☐ Failing to yield the right-of-way
☐ Operating at an excessive or unreasonable speed
☐ Following too closely
☐ Operating a vehicle while impaired by alcohol or drugs
☐ Violating applicable Hawaii traffic laws, specifically: [________________________________]
☐ Other: [________________________________]

16. As a direct and proximate result of the Tortfeasor's negligence, Plaintiff sustained serious bodily injuries and damages.

7. UNINSURED/UNDERINSURED STATUS OF AT-FAULT DRIVER

17. The Tortfeasor's motor vehicle qualifies as an uninsured/underinsured motor vehicle under HRS § 431:10C-103 because (select applicable):

☐ No bodily injury liability insurance or self-insurance was in effect at the time of loss
☐ The applicable insurer has denied coverage or disclaimed liability
☐ The applicable insurer is insolvent
☐ The vehicle is a hit-and-run vehicle whose owner/operator cannot be identified
☐ The sum of all applicable liability limits ($[________]) is less than the damages imposed by law

18. [If UIM:] The Tortfeasor carried bodily injury liability insurance through [________________________________] with limits of $[________] per person / $[________] per accident, which are insufficient to compensate Plaintiff for damages sustained.

8. EXHAUSTION OF LIABILITY COVERAGE (UIM Claims)

19. [If applicable:] Plaintiff has exhausted or is in the process of exhausting all bodily injury liability coverage applicable to the Tortfeasor, having received or being entitled to receive $[________] representing the full available limits.

20. Despite such payment, Plaintiff's total damages exceed the Tortfeasor's liability limits by a substantial amount, entitling Plaintiff to UIM benefits.

9. COUNT I — BREACH OF CONTRACT

21. Plaintiff re-alleges and incorporates all preceding paragraphs.

22. The insurance policy constitutes a valid and binding contract between Plaintiff and Defendant.

23. Plaintiff has performed all conditions required under the policy, including timely notice of the accident and claim, cooperation with investigation, and payment of all premiums.

24. Defendant has breached the contract by failing and refusing to pay UM/UIM benefits owed to Plaintiff under the policy and HRS § 431:10C-301.

25. As a direct and proximate result of Defendant's breach, Plaintiff has been damaged.

10. COUNT II — BAD FAITH (If Applicable)

26. Plaintiff re-alleges and incorporates all preceding paragraphs.

27. Defendant owed Plaintiff a duty of good faith and fair dealing in the handling and payment of the UM/UIM claim.

28. Defendant breached said duty by engaging in the following conduct:

☐ Failing to conduct a reasonable and timely investigation
☐ Unreasonably delaying the processing and payment of the claim
☐ Denying the claim without a reasonable basis in law or fact
☐ Failing to attempt a prompt, fair, and equitable settlement when liability was reasonably clear
☐ Compelling litigation by offering substantially less than the amounts recoverable
☐ Other: [________________________________]

11. DAMAGES

29. As a direct and proximate result of the accident and Defendant's failure to pay benefits, Plaintiff has incurred the following damages:

☐ Past medical expenses: $[________]
☐ Future medical expenses: $[________]
☐ Past lost wages/income: $[________]
☐ Future lost earning capacity: $[________]
☐ Pain and suffering: $[________]
☐ Mental anguish and emotional distress: $[________]
☐ Loss of enjoyment of life: $[________]
☐ Disfigurement: $[________]
☐ Loss of consortium (if applicable): $[________]
☐ Punitive damages (bad faith claim only): $[________]
☐ Attorney fees and costs: $[________]

12. STACKING ALLEGATIONS

30. ☐ Plaintiff asserts the right to stack UM/UIM coverages across multiple vehicles or policies.

31. ☐ Plaintiff contends the policy does not contain a valid anti-stacking clause.

32. ☐ Plaintiff contends the anti-stacking clause is unenforceable under Hawaii law.

13. ARBITRATION VS. LITIGATION

33. ☐ The policy does not contain a mandatory arbitration clause, and Plaintiff elects to pursue this claim through litigation.

34. ☐ The policy contains an arbitration clause, but Plaintiff contends it is unenforceable because: [________________________________]

35. ☐ Plaintiff has completed arbitration and seeks judicial confirmation or review of the award.

14. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in Plaintiff's favor and against Defendant as follows:

a. Compensatory damages for bodily injuries, pain, suffering, and economic losses in an amount to be proven at trial;

b. UM/UIM policy benefits in the full amount owed;

c. Pre-judgment and post-judgment interest at the statutory rate;

d. Punitive damages for bad faith conduct (if applicable);

e. Reasonable attorney fees and costs pursuant to HRS § 431:10C-304 and/or HRS § 607-14;

f. Such other and further relief as this Court deems just and equitable.

15. VERIFICATION

I, [PLAINTIFF FULL LEGAL NAME], declare under penalty of law that the foregoing is true and correct to the best of my knowledge, information, and belief.

Date: [__/__/____]

Signature: [________________________________]

RESPECTFULLY SUBMITTED,

[________________________________]
Attorney for Plaintiff
Hawaii Bar No. [________________]
[________________________________]
[________________________________]
[CITY], Hawaii [__________]
Telephone: [________________________________]
Email: [________________________________]

16. HAWAII PRACTICE NOTES

Statutory Framework:

• HRS § 431:10C-301(b) requires insurers to offer UM/UIM coverage; it is OPTIONAL.
• The offer must be conspicuously displayed with the premium adjacent, and rejection requires the insured's written signature.
• HRS § 431:10C-103 defines "uninsured motor vehicle" and "underinsured motor vehicle."

No-Fault / PIP System:

• Hawaii is a no-fault state with mandatory PIP coverage (HRS § 431:10C-301).
• To pursue tort damages (including UM/UIM), the insured must meet the tort threshold under HRS § 431:10C-306.
• The tort threshold includes: significant permanent injury, serious disfigurement, or medical expenses exceeding $5,000.

Minimum Insurance Requirements:

• Bodily Injury Liability: $20,000 per person / $40,000 per accident.
• Property Damage Liability: $10,000 per accident.
• PIP: $10,000 per person.

Statute of Limitations:

• Personal injury: Two (2) years from the date of injury (HRS § 657-7).
• Contract claims: Six (6) years (HRS § 657-1).

Joint and Several Liability:

• Hawaii follows modified joint and several liability under HRS § 663-10.9.

Comparative Negligence:

• Hawaii applies modified comparative negligence (HRS § 663-31); damages reduced by percentage of fault, barred if plaintiff is more at fault than all defendants combined.

SOURCES AND REFERENCES

• HRS § 431:10C-301 — Required Motor Vehicle Policy Coverage
• HRS § 431:10C-103 — Definitions
• Hawaii Insurance Law — UIM/UM Coverage