{"data":{"id":"us-hi/haw.-rev.-stat.-431-10c-303.5","jurisdiction":"us-hi","citation":"Haw. Rev. Stat. § 431:10C-303.5","heading":"U-drive insurance policy; primary.","body":"(a) A U-drive motor vehicle insurance policy shall be primary; provided that its bodily injury and property damage liability coverages shall be secondary to the operator's or renter's motor vehicle insurance policy if:\n\n(1) The U-drive rental business provides any claimant or person sustaining accidental harm or damages, as a result of the operation of the rental vehicle, the identity and address of the operator or renter, along with any information available to the U-drive rental business as to the identity and address of any insurer under any liability policies applicable to the operator or renter; provided that the U-drive rental business shall make reasonable efforts to obtain such information;\n\n(2) A suit may be filed and service upon the responsible operator or renter can be effectuated; and\n\n(3) An insurer responds on behalf of the operator or renter to a claim or suit.\n\n(b) In cases where the U-drive motor vehicle insurance policy is primary because of:\n\n(1) A failure of a renter or operator to cooperate with the U-drive rental business in providing the information described in subsection (a)(1);\n\n(2) The failure to file suit and effectuate service as described in subsection (a)(2); or\n\n(3) The failure of an insurer to respond as described in subsection (a)(3) or defend a claim or pay required benefits or a judgment;\n\nthe U-drive rental business may recover from the renter, operator, or insurer, the sums the U-drive rental business expended in payments or benefits, along with reasonable attorneys' fees and expenses.","path":["Hawaii Code","Division 2","Title 24","Chapter 431"],"source_url":"http://www.capitol.hawaii.gov/hrscurrent/Vol09_Ch0431-0435H/HRS0431/HRS_0431-0010C-0303_0005.htm","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:11Z","sha256":"1c333b78e401a652572fccc6a1b681711b499bfa11064ae9af43bc6ccb494122","source_id":"us-hi","stale":false,"prev":"us-hi/haw.-rev.-stat.-431-10c-303","next":"us-hi/haw.-rev.-stat.-431-10c-304"},"notice":"GroundRules: Original legal text. Not legal advice."}