Kokua Line

By Gregg K. Kakesako

Tuesday, July 9, 1996

Hildegaard Verploegen is on vacation

He told me that he didn't want to get the insurance companies involved and would pay for the van's damage. However, on the police report the officer wrote: "Cited for no-fault insurance. Court date 7/22/96."

He claimed then that he had insurance, but now admits he has no insurance and no money to pay. We accept that we will have to pay $800-plus - either through our insurance company or our own pockets - but we cannot accept the fact that he may get off without any penalty.

How can we let the court or any other authority know that he is unwilling to accept financial responsibility for his actions and that he should not be given any kind of break without making restitution?

ANSWER: Send the details of your accident to Deputy City Prosecutor Randal K.O. Lee; Misdemeanor Prosecution Division Director, 1060 Richards St., Honolulu, HI 96813.

However, it should be pointed out that the motorcyclist will face the charge of driving without having no-fault auto insurance coverage and not what he told you after the accident, according to the prosecutor's office.

But the state judiciary also said you could tell the prosecutor's office that you would like to be heard as a witness in the motorcyclist's trial. People convicted of driving without automobile insurance face the possibility of a $500 fine or 75 hours of community service for the first offense. The penalty climbs to $1,500 for subsequent offenses. The Legislature this year also amended the law to give the judge the discretion to suspend a person's drivers license even on the first offense.

Dennis Kamimura, administrator of the city's motor vehicle licensing division, says the motorcyclist will have to show the court that he has insurance. If he is convicted a second time, his drivers license will be suspended until he brings a proof of financial responsibility statement from his insurance carrier.

State Insurance Commissioner Wayne Metcalf says you could take the motorcyclist to small claims court. However, if you recover any amount of money in court, your insurance company would seek reimbursement for whatever it paid you to fix your car. Metcalf said he believes, however, that a letter from you describing the situation could influence the way the judge sentences the motorcyclist if the person is convicted of driving without insurance.

• Punchbowl cemetery work through July 19
• Mahalos