HRS §431:10C-301.5
How injury settlements are reduced by a deductible
If you get money for a bodily injury from a lawsuit, arbitration, or settlement, that amount is reduced by a covered loss deductible. The reduction is the larger of $5,000 or the personal injury protection benefits you used, but not more than the policy limit. Some benefits, like optional coverage or public assistance, are not counted.
everyone
The statute, as written — Covered loss deductible
Whenever a person effects a recovery for bodily injury, whether by suit, arbitration, or settlement, and it is determined that the person is entitled to recover damages, the judgment, settlement, or award shall be reduced by $5,000 or the amount of personal injury protection benefits incurred, whichever is greater, up to the maximum limit. The covered loss deductible shall not include benefits paid or incurred under any optional additional coverage, benefits paid under any public assistance program, or benefits paid or incurred under chapter 386.
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