The automobile insurance laws of the State of Hawaii have an exception which excludes certain welfare recipients from receiving medical benefits for their auto accident related injuries under a state-provided PIP (no-fault) policy. In the case of Rubin v. Sullivan, 928 F2d 898 (9th Cir. 1991), the federal Ninth Circuit Court of Appeals struck down that exception to Hawaii's PIP (no-fault) law. The Ninth Circuit reasoned that the exception violated the spirit and the intent of the Social Security Act which specifically prohibits an insurance policy from denying medical coverage to an accident victim on the basis that the victim is a welfare recipient. Moreover, the court held that the federal Social Security Act preempts state law to the contrary.
Some accidents happen and the victims don't know who hit them. In such cases, a negligent driver can sometimes be found through law enforcement, video cameras, and investigation. See, Woman Settles for $3 Million After Being Run Over by School Bus. In addition, in other cases, the injured parties may be able to pursue insurance coverages that are designed to fill in such gaps - such as Uninsured Motorist Insurance and/or Underinsured Motorist Insurance.
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