Unfortunately, car accidents are an everyday occurrence in our modern world, but thankfully, most of them are minor and don’t result in any injuries. However, after crashes that do result in property damage or injury, you owe it to yourself to be familiar with the accident claims process in Hawaii to ensure you get the compensation you need. Recovering expenses after an accident can be a complicated process, which is why many people choose to work with a personal injury attorney. If you’re in the Honolulu, Hawaii, area or anywhere in the state, give our team at Daniel T Pagliarini AAL a call to discuss your options. , most of them are minor and don’t result in any injuries. However, after crashes that do result in property damage or injury, you owe it to yourself to be familiar with the accident claims process in Hawaii to ensure you get the compensation you need. Recovering expenses after an accident can be a complicated process, which is why many people choose to work with a personal injury attorney. If you’re in the Honolulu, Hawaii, area or anywhere in the state, give our team at Daniel T Pagliarini AAL a call to discuss your options.
Personal Injury Claims in Hawaii
There are two state-specific laws about car accidents you should know about before starting your claim. The first is that Hawaii is what’s known as a no-fault accident state which affects the claims process. Basically, this means that regardless of who was liable for causing the accident, both drivers must first file a claim with their own insurance provider under their personal injury protection (PIP) before pursuing a claim with the other driver.
However, for more serious injuries, PIP often won’t cover all medical bills resulting from the accident, and you’ll then be permitted to file a claim with the at-fault driver. Additionally, PIP only covers lost wages and medical expenses and cannot pay for getting the car repaired if it was damaged in the accident.
The state’s modified comparative fault law will also come into play when you’re seeking damages. This states that both drivers can share fault in an accident and the final damages received will reflect the proportion of liability. For example, if the final settlement amount was $50,000, but you were found to be 10% responsible, you would only receive $45,000., and you’ll then be permitted to file a claim with the at-fault driver. Additionally, PIP only covers lost wages and medical expenses and cannot pay for getting the car repaired if it was damaged in the accident.
The state’s modified comparative fault law will also come into play when you’re seeking damages. This states that both drivers can share fault in an accident and the final damages received will reflect the proportion of liability. For example, if the final settlement amount was $50,000,, but you were found to be 10% responsible, you would only receive $45,000.
So, what happens after the accident? It goes without saying that your first priority should always be to ensure you and others involved are physically safe and receive any medical attention needed. After this, you’ll likely want to report the accident to the police, and this is required by law if anyone was injured in the crash or if it resulted in over $3,000 worth of damages.
You’ll then need to decide whether to file with your own PIP insurance or bypass this and file a claim directly with the other driver if you feel your damages are high enough. Central to this task will be proving negligence on the part of the other driver, and it’s here that an experienced attorney can be indispensable. Your lawyer can help you gather evidence such as police reports, photos, witness testimony, and medical records to clearly show fault and get you the settlement you deserve.
So,, what happens after the accident? It goes without saying that your first priority should always be to ensure you and oththers invo invo are physically safe and are getting any medical attention needed. After this, you’ll likely want to report the accident to the police, and this is required by law if anyone was injured in the crash or if it resulted in over $3,000 worth of damages. You’ll then need to decide whether to file with your own PIP insurance, or to bypass this and file a claim directly with the other driver if you feel your damages are high enough. Central to this task will be proving negligence on the part of the other driver and it’s here that an experienced attorney can be indispensable. Your lawyer can help you gather evidence such as police reports, photos, witness testimony, and medical records to clearly show fault and get you the settlement you deserve.
Statute of Limitations
For most accidents in the state, you’ll have two years from the date of the crash to file a personal injury claim. If you attempt to file after this deadline has passed, a judge will almost always dismiss your claim.
Possible Compensation
Compensation can vary widely depending on the circumstances of the wreck. However, some common damages that you could seek are medical expenses, lost wages from time off work, property damage, pain and suffering, or any other expenses directly related to the accident.
If you’re in the Honolulu, Hawaii, area and would like to speak with a car accident attorney who will give you the personalized care and attention you deserve, give us a call today. At our firm, Daniel T Pagliarini AAL, we’re proud to serve clients throughout the islands, including Maui, Big Island, Kauai, Lanai, and Molokai.
If you’re in the Honolulu, Hawaii area and would like to speak with a car accident attorney who will give you the personalized care and attention you deserve, give us a call today. At our firm, Daniel T Pagliarini AAL, we’re proud to serve clients throughout the islands including Maui, Big Island, Kauai, Lanai, and Molokai.