Honolulu, HI asked in Small Claims for Hawaii

Q: On the 6th of January, I was involved in a minor collision where my car had collided with another. No one was harmed and

Both cars just had a minor bump and scratch. Basically, the women was very angry and asked for my insurance, I knew I wasn’t Insured so asked if we could go out of pocket. She then called the police, I called Geico (an insurance company) and got insured as a non owner on vehicles within the time of the police arrived. When the police arrived I was able to show my insurance cards which stated insured from the 6th. All was fine and the police did a police report. The lady in charge of the claim made me aware because I only got insured on the 6th they are going to make sure the times match up.

I had only had my hire car for 15 mins (I picked it up on the 6th)

So was waiting till I got home to insure it.

Will it flag up I wasn’t insured at direct time of crash? And if it does, will the police take me to court for no insurance? Who will be liable to pay the other ladies vehicle?

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1 Lawyer Answer
Matthew A Sylva
Matthew A Sylva
  • Kailua-Kona, HI
  • Licensed in Hawaii

A: You should consider consulting an attorney for actual legal advice based on what's in your question above. Your situation involves possible insurance fraud (if you filed a claim with Geico for the accident versus just showing the police that you had current insurance by the time they arrived). That's typically what they mean by checking that the times match up. Geico will likely obtain copies of the police report and check to the minute whether your policy with them was obtained prior to the alleged accident date/time. If they find that it was not but you made a claim, they will possibly file a complaint with the Hawaii Attorney General's Office and you could face criminal charges. Those are serious in Hawaii and possible felonies. I wouldn't worry so much about a charge from the county prosecutor about not having insurance (unless you have prior convictions for such within 5 years). The penalties for a first-time no insurance violation can be remedied at least in part in a number of ways after the fact and there is no possible jail time for a first offense. And if you told the police your insurance was active at the time of the accident, you could face other possible criminal charges. If the other person had insurance at the time of the accident, their insurance company would cover them minus any deductible they had though you might not be "off the hook" so the speak.

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