Right or Wrong

[lingyi]

@CookingWithGas

If you are involved in an accident you are required to provide license, registration, and insurance, even if it’s 0% your fault. Your Loss Damage waiver was only for the rental car, not other cars involved, so the other’s driver’s company legitimately does not care about that, and there would be no reason for them to contact your CC company. I am surprised they did not follow up when you refused to provide legally required information. I assume there was no police report, or the police would have collected and provided the information.

I don’t know if this is how it’s supposed to work, but since Hawaii is a No-Fault state, I’ve always been told that and followed the advice that unless there was an injury or traffic violation committed, the parties involved in an accident can just drive away without exchanging any info they the decide to handle the damage themselves. I’ve seen police pull up to an accident, make sure everyone is okay and leave without any info being exchanged.

Under No Fault, we’re required to have Personal Injury Protection and Injury and Property Liability coverage. I remember the uproar when No Fault was introduced because it increased car insurance dramatically.

Here’s the statute that covers No Fault. Note that unless someone is hurt or died, the vehicle damage must be $3000 or more.

§291C-16  Immediate notice of accident.  (a)  The driver of a vehicle involved in an accident resulting in injury or death of any person or total damage to all property to an apparent extent of $3,000 or more shall immediately by the quickest means of communication give notice of the accident to the nearest police office.  If sent to the site of the accident, a responding police officer shall file a written report if it appears at the time that the accident has resulted in the injury or death of any person, or total damage to all property to an apparent extent of $3,000 or more.

 (b)  Whenever the driver of a vehicle is physically incapable of giving an immediate notice of an accident as required in subsection (a) and there was another occupant in the vehicle at the time of the accident capable of doing so, such occupant shall make or cause to be given the notice not given by the driver.

 (c)  For any violation under this section, a surcharge of up to $100 may be imposed, in addition to other penalties, which shall be deposited into the trauma system special fund. [L 1971, c 150, pt of §1; am L 1974, c 111, §1; am L 1990, c 39, §4; am L 1995, c 216, §3; am L 2008, c 231, §13]

[lingyi]

Whenever I’ve taken the LDW on a rental car here in Hawaii, I’ve always been told by the Rental Agent that any damage to the car was covered. “Just bring it back and we’ll take care of it!”, which was what I did with the car that got hit. No, “A police report or other driver’s info is required” or any other questions.

[lingyi]

@Ovo6

Did either you or the other driver receive a citation? That may be a factor in the insurance company’s decision. Regardless of what you may think, the officer is the “expert” and what he/she put in the report holds unless proven otherwise in court. If you did get a citation and have it overturned in court, I would think that should help in your dispute with the insurance company.

[lingyi]

One more point. In Hawaii we tend to be really laid back. I’ve been in and have witnessed “minor” accidents that ended with “Ah, no worry braddah” and smiles. That’s how it went with my rental car.