HRS §431:10C-305.5
Getting your deductible back after an uninsured driver accident
If you have uninsured motorist coverage and paid a deductible after an accident, your insurer must reimburse you if it collects money from the uninsured driver. The reimbursement is limited to your deductible, and the recovered money is split equally. If your damages are over $2,500, the insurer must either pay your full deductible or sue the uninsured driver.
The statute, as written — ‑305.5] Right to reimbursement of deductible paid; when
If an insured is involved in an accident with an uninsured motorist and the insured paid a deductible amount for damages incurred in that accident, and if the insurer recovers any money from the uninsured motorist, the insurer shall reimburse the insured, provided that: (1) The amount recovered shall be divided equally between the insured and the insurer; (2) The amount of the insured's reimbursement shall not exceed the deductible paid; and (3) If the amount of damages exceeds $2,500, the insurer shall: (A) Pay the full amount of the deductible to the insured; or (B) Initiate proceedings against the uninsured motorist to recover damages.
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