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Hiring a Car Accident Lawyer in 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! Here at Injury Lawyer Hawaii we have been representing the victims of serious injuries and wrongful death resulting from car accidents and other motor vehicle accidents for over 25 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.) These are some of the requirements under Hawaii law:

Auto Accidents and Insurance on Automobiles

 

Motorcycle Accidents and Insurance on Motorcycles

 

 

as of the writing of this webpage. The links to the current Hawaii law according to the State of Hawaii website are also provided on the pages which are found on the above links.

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 such deadlines, or your claims may be lost—regardless of their merit. To be wise it is recommended that you immediately contact an attorney after an accident giving rise to injuries occurs- please do not hesitate to :

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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 by the No Fault (PIP) insurer - $5,000 (1/1/98 on) [$13,900 (9/1/95 to 12/31/97); $11,000 (9/1/94 to 8/31/95) ; $10,000 (9/1/92 to 8/31/94), etc.]- before you can recover for pain, suffering, mental anguish, loss of enjoyment of life, 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. 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 and a few other situations.

Cases related to Car Accidents and Car Insurance

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 § 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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