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Hawaii

Negligence Doctrine: Modified Comparative Negligence – 51 Percent Bar

Circuit # 9

Med Pay Subrogation - Yes

PIP Subrogation - No


Statute of Limitations

Statute of Repose: Products N/A
Statute of Repose: Real Property 10 years
Breach of Contract (Written) 6 years
Personal Property 2 years
Personal Injury 2 years
Warranty 4 years

ABLE TO PURSUE OWNER

Sue Owner for Negligence - YES

Suspend Owner's License - YES


Deductible Reimbursement

Dollar One (Insured Made Whole) State (if recovery more than $2,500 from uninsured motorist), Pro Rata State (if recovery less than $2,500 from uninsured motorist) & Undecided/ Pro Rata Default (if uninsured motorist is not involved)
 

Haw. Stat. § 431:10C-305.5
 


Garnishment

YES
(Note: ALL states allow garnishment for child support, alimony, taxes and federal student loans)
 

The portion of the defendant’s after tax wages that must be withheld is 5% of the first $100 per month, 10% of the next $100 per month and 20% of all sums in excess of $200 per month, or an equivalent portion of these amounts per week. Wages and other compensation owed to the debtor for personal services rendered by the debtor during the 31 days prior to a proceeding are exempt
 


Parental Responsibility

Auto Liability (Minor Under 18); Tortious Acts (Unmarried Minor Child); Graffiti (Minor Child)
Dollar Limit on Parents’ Liability: Unlimited
Person verifying driver’s license jointly and severally liable; Joint and several liability imposed for child’s tortuous acts; Parents liable for graffiti damage and obligation to clean damage up
 


Subrogation by Landlord's Carrier against Tenant

Not clear, look to lease


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