Kokua Line
Kokua Line
Question: In late May, I took a SIDA taxicab from Honolulu Airport to the Hilton Hawaiian Village. The driver piled everyone's luggage (there were six of us) into the trunk. En route, my green bag, containing good clothes, gifts, etc., fell onto the freeway. The cabbie turned back but could not find the bag. He called police, but the officer said it was probably stolen. I have seldom been so frustrated by anything. Taxi drivers liable
for loss of riders’ itemsAfter a series of calls lasting my entire stay in Honolulu, I was not able to get any reimbursement. SIDA says it is the responsibility of the driver to reimburse me. I have not heard from the driver or from the company since I returned to Canada. I will have to make a claim with a hefty deductible from our household insurance.
I hold SIDA and Mr. Matsumoto, the CEO, responsible. I had the advantage as an English-speaking visitor to communicate with these people and to follow the buck as it was passed from one to another. What about visitors who are not English speakers? I hope that in the future someone caught as I was, through no fault of my own, would not be sent on such a wild goose chase.
Answer: Several things happened since you first wrote to us in early July. By now you should have received a revised response from the cabbie's insurance agent, who initially said the driver's policy would not cover your loss.
The driver's personal automobile insurance policy should cover your claim, according to Edwin Matsumoto, SIDA of Hawaii's chief executive officer. But he said that fact was uncovered only after his own insurance agents researched the law following our query. So, your misfortune and frustrations may help future visitors with similar problems.
The Department of Transportation says it is SIDA's responsibility to handle complaints like yours. Matsumoto says his company addresses all complaints, but in your case it did not get involved immediately because "it was clear to us (initially) that his insurance coverage should take care of it. But after his agent denied it, that is why I had my agents research (the matter)."
The Department of Transportation requires cab drivers to have comprehensive general liability, but that only covers property damage or injury at the airport, not damage or loss to a passenger's property, Matsumoto said.
However, he said his agents found a provision on "public transportation autos" in the insurance law that requires property under the care or custody of a driver to be covered under his personal automobile policy. After pointing this out to the driver's agent, "he's agreed" to cover your claim.
All of SIDA's 300 or so cabbies are independent contractors, as are most if not all other cabbies in the state. That means they are required to get their own insurance, taxi license, tax clearances, etc. before they can join the fleet. However, their conduct is under SIDA's control, Matsumoto said.
They also have to pass a map test, English test, go through orientation and "follow my rules," he said. "Some rules the airport has, and some we have as the management contractor. They need to abide by these rules, and we enforce these rules stringently."
To help identify drivers, SIDA maintains a database of every driver, "with mugshots and everything," he said.
Regarding complaints in general, "If complaints are legitimate, we send it to a hearing committee (made up of drivers) to be judged," Matsumoto said. Penalties depend on the severity of a violation, ranging from a day's suspension to termination.
Matsumoto pointed out that many drivers have both taxi and limousine licenses. While taxi licenses are issued and regulated by the city, limousine rates and drivers are regulated by the state Public Utilities Commission. A limo driver has to file a tariff with the PUC and can charge an hourly rate.
"A taxi has to have a dome light and a meter that runs," Matsumoto said. "That way you get the regular taxi rate, which is much cheaper."
SIDA's contract with the state is for taxis.
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