Many Hawaii auto insurers may now face the prospect of class actions from medical providers and insureds for wrongful denials of treatment and non-payment of medical bills. Many Hawaii PIP (no-fault) insurers have been unilaterally picking known insurance company doctors on auto PIP cases (see the Hawaii IME -Independent Medical Experts - page for a list of some of Hawaii's known DME and insurance company doctors). These doctors are chosen knowing that they will say that a patient no longer needs medical care. The insurers then cut off the patient from further care and the treating doctor from payments for such care (sometimes retroactively). Two Hawaii Circuit Court Judges have found that such practices violate H.R.S. 431:10C-308.5, which requires that a medical reviewer (so-called IME doctor) be chosen by agreement or by a neutral forum in PIP cases. Judge Ayabe and Judge McKenna in First Circuit Court have both granted motions for summary judgment finding that denials based upon medical experts unilaterally chosen by the insurer were improper and invalid.
On Saturday, December 28, 2024, at just before 8 pm, EMS of Honolulu responded to an accident on H2 southbound near Ka Uka Blvd. A major rollover accident had occurred involving three young adult passengers in a single vehicle. All 3 were injured and transported in serious condition to a nearby trauma hospital. See, Major rollover accident on H2. Although there was no collision between vehicles, the occupants of the single vehicle, especially the passengers, may have personal injury claims worth evaluating.
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