First of all, what is UM and UIM Insurance Coverage?  UM stands for Uninsured Motorist, and UIM stands for Underinsured Motorist.  UM coverage covers you when you have been injured by another driver who does not have car insurance.  UIM coverage covers you when you have been injured by another driver who does not have enough insurance to cover your Hawaii auto accident injuries and damages.

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You may ask, “Doesn’t everyone have to have car insurance? Isn’t it required by law?”  Yes, everyone who drives a vehicle in Hawaii is supposed to have car insurance, and yes, it is illegal to drive without car insurance in Hawaii.  Unfortunately, many people drive without insurance even though it is against the law.  As Hawaii auto injury lawyers, we can tell you that many of our clients were injured by someone who was driving without insurance.  Also, it seems that those who are driving without insurance tend to drive more dangerously than people who have insurance.  Many people who are driving without insurance also have suspended driver’s licenses.

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The situation in Hawaii, where people drive without insurance, is a serious problem. This is likely due to the fact that the laws in Hawaii have very few consequences for those who violate them.  Many people involved in accidents who don’t have a license or insurance are often simply allowed to drive away after the police complete their report.  This is ridiculous.  In many states, the police are required to impound the vehicle involved if the driver did not have a license or insurance.

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Sadly, we have many clients who are injured by people who don’t have insurance and even have a long list of citations on their records for driving without a valid license or insurance.

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Until the legislature in Hawaii decides to enact laws with serious consequences for driving without insurance, it is essential that all drivers have adequate UIM coverage.  We recommend that you have at least $100,000 in UM and UIM insurance coverage.  You will probably be pleasantly surprised that adding this coverage does not increase your insurance premiums by very much.  If you are ever injured in an auto accident in Hawaii, you will be very glad that you have UM and UIM coverage to compensate you for your injuries and damages.

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Oahu uninsured motorist and underinsured motorist insurance coverages are two different types of car insurance coverage. If you are hit in your car by someone who does not have Hawaii bodily injury liability insurance coverage, then that person is uninsured, and the uninsured motorist insurance coverage may apply. Furthermore, when the person who hit you in your vehicle does not have enough car insurance coverage, he is considered underinsured, and the underinsured motorist insurance may be applicable.

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Revised Statute Section 431:10C-301(b)(3) defines uninsured motorist insurance coverage, it states, “for the protection of persons insured thereunder who are legally entitled to recover damages from owners or operators of uninsured motor vehicles because of bodily injury, sickness, or disease, including death, resulting therefrom.”

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The motor vehicle insurance laws provide that an uninsured motor vehicle is a vehicle that does not have bodily injury liability insurance or self-insurance in place at the time of the motor vehicle accident. Also, the car insurance laws state that an unidentified motor vehicle that is the cause of a car accident in Hawaii which results in personal injury and the collision is reported to the Honolulu Police Department or another proper government agency and the injured person informs his car insurance company within 30 days after the car accident that there may be a legal cause of action due to the motor vehicle collision.

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The Oahu uninsured motorist laws are a remedy for those who are injured in a car crash in Hawai'i due to the negligence of another driver who did not have proper bodily injury insurance. These laws also cover hit-and-run drivers in Honolulu or other negligent drivers who don’t have the money to compensate the injured person.

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Many UM and UIM Insurance Policies in Hawaii provide that “uninsured motor vehicle” and “underinsured motor vehicle” may be substituted for each other. An example of a standard Hawaii insuring agreement is: “We will pay damages which a covered person is legally entitled to recover from the owner or operator of an uninsured motor vehicle (or underinsured motor vehicle) because of bodily injury: sustained by a covered person, and caused by the accident.” “Covered person” in uninsured motorist or underinsured motorist insurance policy is usually defined as “covered person as used in this endorsement means: you or any family member, any other person occupying your covered auto, any person for damages that person is entitled to recover because of bodily injury to which this coverage applies sustained by a person described above.”

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The Supreme Court of Hawaii provided that the definition creates a “two class paradigm” or “covered persons” that are usually involved in a uninsured motorist or Hawaii underinsured motorist motor vehicle insurance policy.” Therefore, a person injured in a car accident may be defined as a “covered person” because he or she is a person who is named on the motor vehicle insurance policy or who is a family member of someone who is named in the car insurance policy; or someone else who is “occupying” a “covered automobile”.

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Under Hawaii law, uninsured motor vehicle is a vehicle in which there is no liability insurance or self-insurance applicable at the time of the collision. An uninsured motor vehicle in Oahu is also one in which an unidentified motor vehicle causes a collision which causes injuries and the collision is reported to the police. Also, the injured person must report the collision to their insurance company within 30 days after the accident.

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A driver in Hawaii is considered uninsured if he does not have bodily injury insurance or is not self-insured. However, if the driver does have Hawaii insurance but the insurance is not enough to compensate the people he injured in the accident, he not uninsured. In order for uninsured motorist insurance to apply, the injuries must actually be the result of someone driving an uninsured motor vehicle, not simply an underinsured vehicle.

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Uninsured Motorist (UM) and Underinsured Motorist (UIM) insurance coverage play a critical role in many Hawaii auto accident cases, yet they are widely misunderstood by accident victims. UM coverage applies when you are injured by a driver who has no car insurance at all, while UIM coverage applies when the at-fault driver carries insurance, but not enough to fully compensate you for your injuries, medical expenses, lost wages, and pain and suffering. As a seasoned Hawaii auto crash accident lawyer, we routinely see cases where UM or UIM coverage is the primary—or only—source of financial recovery for injured victims.

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Although Hawaii law requires every driver to carry auto insurance, the reality on Oahu and throughout the state is far different. Many drivers continue to operate vehicles illegally without insurance, despite the risks they pose to others. From our experience representing injured clients as Honolulu car accident attorneys, uninsured drivers are often more reckless and more likely to have suspended licenses, prior citations, or a history of unsafe driving. When these drivers cause serious accidents, victims are left with mounting medical bills and no obvious source of compensation unless they have UM coverage in place.

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The problem of uninsured drivers in Hawaii is compounded by weak enforcement and minimal consequences. In many cases, drivers who are uninsured or unlicensed are simply cited and allowed to leave the scene. Unlike other states where vehicles may be impounded immediately, Hawaii’s current system often fails to deter repeat offenders. As a result, victims of Hawaii auto crashes are frequently injured by drivers who have no ability to pay for the harm they cause. This makes UM and UIM insurance coverage not just important, but essential.

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Given this reality, every Hawaii driver should seriously consider carrying substantial UM and UIM coverage. We generally recommend a minimum of $100,000 in uninsured and underinsured motorist coverage, and higher limits whenever possible. Many drivers are surprised to learn that increasing UM/UIM limits typically adds only a modest amount to their premium. However, if you are ever injured by an uninsured or underinsured driver, that additional coverage can mean the difference between financial security and long-term hardship. From the perspective of a Hawaii auto crash accident lawyer, this coverage is one of the most valuable protections you can purchase.

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Hawaii law carefully defines what constitutes an “uninsured motor vehicle” and an “underinsured motor vehicle.” Under Hawaii Revised Statutes § 431:10C-301(b)(3), uninsured motorist coverage exists to protect insured persons who are legally entitled to recover damages from drivers who lack bodily injury liability insurance. This includes not only drivers with no insurance, but also hit-and-run drivers, provided the accident is reported to law enforcement and timely notice is given to the insurance company. These statutory protections are a powerful tool when properly applied by an experienced Honolulu uninsured motorist lawyer.

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Importantly, many Hawaii UM and UIM policies use overlapping or interchangeable definitions, allowing coverage to apply in a wide range of scenarios. Standard policy language often states that the insurer will pay damages an injured “covered person” is legally entitled to recover from the owner or operator of an uninsured or underinsured motor vehicle. Covered persons typically include the named insured, family members, passengers in the covered vehicle, and individuals entitled to recover damages due to injury or death of a covered person. Understanding who qualifies as a covered person is a key legal issue in many Oahu auto accident claims.

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The Hawaii Supreme Court has clarified that Hawaii UM and UIM policies create a “two-class” system of covered persons, which expands protection beyond just the policyholder. This means that passengers, family members, and others occupying a covered vehicle may still qualify for benefits even if they do not personally own the insurance policy. As a Hawaii auto crash accident lawyer, identifying all possible sources of UM and UIM coverage—including policies belonging to household members—can significantly increase the compensation available to an injured client.

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Finally, it is critical to understand the legal distinction between uninsured and underinsured drivers under Hawaii law. A driver is considered uninsured only when no bodily injury liability coverage exists at the time of the collision. If a driver has insurance that is insufficient to cover the injuries caused, that driver is underinsured—not uninsured—and different coverage rules apply. Because these distinctions are often misunderstood and frequently disputed by insurance companies, speaking with an experienced Hawaii spinal cord injury lawyer early in the process is essential to protecting your rights and maximizing your recovery.