Car Accident Claims Hawaii

If you have been seriously injured in a car accident in Hawaii you should consider getting the advice of an experienced motor vehicle accident attorney right away! Otherwise there is likely to be important information which may be lost with the passage of time. Here at Car Accident Attorney Hawaii we have been representing the victims of serious injuries and wrongful death resulting from car accidents and other motor vehicle accidents for over 30 years. For some considerations in finding the right car accident lawyer in Hawaii to assist you, please examine: Considerations in finding the right car accident attorney in Hawaii

Car Accident minimum insurance coverages

Hawaii is a "no fault" state. That means that all drivers of motor vehicles are required by law to maintain minimum insurance coverages applicable to their vehicle under Hawaii law. The minimums differ for depending upon the particular vehicle involved. These coverages are required by Hawaii law and generally should be available to help to compensate a person for loss as the result of negligent operation of the vehicle. (Optional additional coverages may also be available.) Here are some of the recent requirements under Hawaii law:

- Auto Accidents and Insurance on Automobiles

- Motorcycle Accidents and Insurance on Motorcycles

There are links to the current Hawaii law (as set forth on a State of Hawaii website) provided on the pages which are linked above.

Deadlines to file Car Accident claims in Hawaii

The deadline for filing a lawsuit in court in Hawaii to make claims for injuries arising out of a motor vehicle accident is generally two years from the date of the accident. It should be noted, however, that there are exceptions to this rule- for example, claims against the City and County of Honolulu and the various other Counties must be filed with the appropriate agency within six (6) months of the date of the accident. For some claims the deadline is extended by statute to two years from the date of the last no fault, worker's compensation or public assistance benefit payment related to the accident, if such payments are made. You must file your claims in court prior to the expiration of the applicable deadline, or your claims may be lost—regardless of their merit. To be wise it is recommended that you contact a qualified attorney promptly after an accident occurs, rather that waiting until the time to file a claim has almost expired. The contingency fees will be just the same with immediate representation as for delayed representation. If you are interested in finding out more, please do not hesitate to:

Contact Car Accident Lawyer Hawaii now for a free evaluation of your case.

General information about Car Accident claims in Hawaii

If you have suffered injuries or loss as the result of an auto accident in Hawaii, you will probably want to obtain and fill out a No Fault (Personal Injury Protection) benefits application form from the insurance company for the car with which you were most closely connected (the car in which you were riding -if you were in a car- or the car that impacted you if you were a pedestrian or a bicyclist). No Fault (PIP) usually provides medical coverage for injuries arising out of the use, maintenance or operation of a motor vehicle in Hawaii and it may also provide various other coverages (wage loss, substitute services, funeral benefits, etc.)

In Hawaii at present you generally must have at least a certain amount in medical expenses actually paid out by the No Fault (PIP) insurer - $5,000 (1/1/98 on) - before you can recover for pain, suffering, mental anguish, loss of enjoyment of life, consequential damages, wage loss in excess of that paid by No Fault (PIP) and various other losses caused by a motor vehicle accident. However, there are also a few other situations in which recovery for these additional losses may be possible, even without reaching the $5,000.00 in medical expenses paid out by the PIP carrier. These situations include (1) accidents arising out of conduct for which punitive damages could be awarded, (2) accidents resulting in death, (3) accidents causing permanent loss of use of a part or function of the body, (4) accidents giving rise to permanent serious disfigurement which causes mental suffering, and (5) accidents in which the No Fault (PIP) benefits are exhausted. There are also a few other situations in which recovery may be possible.

Some recent cases related to Car Accidents and Car Insurance

A 19 year old Virginia woman recently obtained a settlement of $11 million after suffering brain injuries and a severely injured hip in a motor vehicle accident in Pennsylvania. The responsible driver's employer and its insurer agreed to the settlement for the woman, but also wanted to keep their names confidential as part of the settlement. An article describing the settlement can be found in a 7-12-2011 blog post at lawyersusaonline.com Extensive medical evaluation costing tens of thousands of dollars is often necessary to establish the nature and extent of future disability in order to successfully resolve a personal injury claim.

A Kaua'i jury recently returned a $1.8 million verdict for a woman who received multiple serious injuries and disfigurement in a Kauai car accident which occurred about four years ago in Hanalei. The woman was riding as a passenger on a motorcycle when she was struck and dragged by a speeding motorist. The accident had previously received media attention when the motorist was allowed to plead out to a petty misdemeanor DUI charge after the prosecution accidently failed to bring felony negligent injury charges in the DUI case. After the accident, with the help of her personal injury attorney, the woman has been able to complete her GED and she now works as a literacy tutor. Wilson v. Say, Fifth Cir. Court of Hawai'i (March, 2009)

ALLSTATE INSURANCE v. KANESHIRO, MAY 4, 2000 The Hawaii Supreme Court holds that when a material change is made to an automobile insurance policy (such as the named insured changing from a policyholder to his spouse alone and an additional vehicle being added to the policy), the insurer is required to obtain a new written rejection of UM and UIM coverage to the new named insured pursuant to HRS section 431:10C-301 or such coverages are automatically included in the policy by operation of law.

DACANAY v. LIBERTY MUTUAL INSURANCE, FEBRUARY 9, 2005 Hawaii's Intermediate Court of Appeals holds that in a no-fault medical fee dispute before the insurance commissioner, a no-fault insurer can waive its insured's failure to join the medical care providers as the "real party-in-interest" and that when this occurs the commissioner may award attorneys fees and costs of the proceeding to the insured.

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