Can You Sue for a Car Accident in Hawaii?

Yes, you can sue for a car accident in Hawaii. However, Hawaii is a no-fault car accident state. This means that after a crash, accident victims must first file a claim with their own insurance company in order to receive compensation. But what some Hawaii motorists don’t realize is that it may be possible for them to sue the at-fault driver as well.

Even with Hawaii’s no-fault law, there are times when a personal injury claim can be filed with the reckless party’s insurance company. A Honolulu car accident attorney can determine whether you have an additional claim and assist you with all aspects of the claims process.

Reach out to the Recovery Law Center today for high-quality and compassionate legal services. Attorney Glenn Honda is a skilled trial lawyer with years of experience representing injured people throughout Honolulu and Oahu.

Call or contact us today for a free consultation. 

How to Sue a Negligent Driver After a Car Accident 

Suing a negligent driver in Hawaii is more complicated than in states without a no-fault system. The process starts with filing a claim through your own insurance company under personal injury protection (PIP). This coverage helps pay for medical expenses and some lost wages. After that, you may be able to step outside the no-fault system and file a car accident lawsuit if your injuries meet specific thresholds. Here’s what you can do:

• Check your coverage: Determine if you have enough insurance under personal injury protection pip or optional coverage, such as underinsured motorist coverage, that may help after an accident in Hawaii.
• Meet the threshold: Confirm that your injuries meet the threshold to sue, such as serious injuries leading to permanent impairment, significant medical bills, or permanent loss of bodily functions.
• Gather evidence: Obtain police reports, doctor appointment records, and witness statements to show that the other driver’s negligence caused your vehicle damage or bodily harm.
• File on time: Follow the two-year statute of limitations for personal injury lawsuits in Hawaii. If you do not file within that window, you could lose your right to recover compensation.
• Work with legal counsel: Consult a seasoned professional who knows Hawaii car accident cases and can guide you through settlement negotiations or trial if needed.

Pursuing a lawsuit requires thorough preparation. You must show that the other driver caused your injuries through careless or reckless acts. To prove liability, collect documentation of property damage, bodily injury, wage loss, and any mental or emotional suffering. This evidence will support your Hawaii car accident claim as you move through the legal process.

Filing a Claim Against Another Driver After a Honolulu Car Accident

You may be able to sue the negligent driver(s) after a Hawaii car accident if:

• Someone was killed.
• You suffered a severe or permanent injury (e.g., traumatic brain injury, disfigurement).
• The medical bills paid by your no-fault insurance company exceed your personal injury protection (PIP) limits.

In serious car accidents, many car accident victims or their surviving family members are often left with expensive medical bills and little means to pay them. Coupled with lost income from missed work, this can cause significant personal distress on top of physical pain and emotional suffering.

At Recovery Law Center, we can review your insurance policy to see if it meets Hawaii’s prerequisites to file a lawsuit against the other driver. If so, we can investigate the crash and identify all liable parties.

What If the Driver Has No Insurance? 

In some cases, our legal team may learn that the reckless driver did not have auto insurance or enough insurance to cover the costs of your damages. In those situations, we will check whether additional compensation may be possible if your auto policy includes uninsured or underinsured motorist coverage (UM/UIM).

You do not have to live in Hawaii to recover UM/UIM compensation. If you were injured on business, vacation, or during military service in Honolulu, Recovery Law Center will fight for maximum compensation for your losses.

When Should You Sue After a Car Accident?

Hawaii has a two-year statute of limitations on car accident claims. This is the amount of time you have to file a lawsuit against another party for your injuries, property damage, and other losses.

It’s critical to speak to a car accident attorney before the deadline expires. Failure to file on time could prevent you from obtaining any compensation at all.

If the car accident resulted in death, the personal representative or beneficiary of the victim can pursue a wrongful death claim on his or her behalf. In Hawaii, the statute of limitations for wrongful death is also two years.

How is Fault Determined in Hawaii Car Accidents?

Many factors are taken into account when determining fault after a car accident. The key factor is whether someone else’s negligence caused your injuries.

Negligence means that someone else was reckless or careless. But it must be proven under the law. To do so, you must be able to show:

• The at-fault person or entity had a duty to keep you safe from reasonable harm
• The duty was violated by certain actions (or a failure to act) to prevent the crash.
• The violation caused your injuries
• You suffered damages that can be resolved with compensation.

Hawaii is a modified comparative negligence state. When two or more parties share a portion of the blame, their degree of fault is assigned a percentage by the court.

As long as you are found less than 51 percent responsible for the crash, you have the right to collect compensation for your injuries. But if you are found less than 51 percent responsible for the wreck but still partially at fault, your compensation will be reduced by your percentage of fault.

Example:  Two drivers are in a crash and both contributed to the accident. Driver A was found to be 80 percent at fault, while Driver B was 20 percent at fault. If the court awards Driver B $100,000 in compensation, that will be reduced by 20 percent, allowing him or her to collect $80,000.

Insurance Coverage Options

Hawaii law requires drivers to carry bodily injury liability, property damage coverage, and personal injury protection. Many people also purchase optional coverage, such as underinsured motorist coverage or additional coverage for vehicle damage. Each insurance policy may have its own limits. Common coverage types in Hawaii include:

• Bodily Injury Liability: Pays for the injured party’s costs in an accident you cause.
• Property Damage Liability: Covers vehicle damage or other damage to property in a crash.
• Personal Injury Protection: Covers your medical bills, doctor appointments, and some lost wages.
• Underinsured/Uninsured Motorist Coverage: Offers help if the at-fault driver has no insurance or minimal limits.

If the at-fault driver lacks enough insurance, your own insurance company may step in through underinsured motorist coverage. This protection can help with large losses, including medical treatment, rehabilitation costs, and physical therapy, when the other driver’s plan cannot cover them.

Mistakes That Can Ruin Your Car Accident Claim

After a car accident, hiring a lawyer may seem like the last thing you want to do. It’s understandable. You’re in pain and overwhelmed. But you need to focus on protecting your legal rights as well.

Here are some of the most common mistakes that could damage your car accident claim:

• Failing to seek medical treatment: Your health should be your top priority after a crash. Failing to get medical treatment can hurt your claim. The insurance company will argue that you couldn’t have been seriously hurt because you didn’t get immediate medical care. In addition, your injuries could worsen without treatment, resulting in more lasting damage.
• Speaking to the insurance company: After an accident, you should never speak to the at-fault driver’s insurance company. Their adjusters are trained in tactics that can be used to deny you the compensation you deserve. Examples include asking for a recorded statement, asking you to sign a medical release form to look for pre-existing conditions, and making quick and easy settlement offers. To protect yourself, never speak to them. Instead, direct them to your car accident attorney in Hawaii.
• Posting on social media: After a crash, leave social media alone. Don’t post anything about the crash or your injuries. Insurance companies monitor those accounts to look for incriminating statements or photos. Even if your post has nothing to do with your crash, a picture of you attending a holiday party could be used to say that your quality of life wasn’t diminished because you were able to celebrate with loved ones.
• Waiting too long to file your car accident claim: Remember the two-year statute of limitations on car accident claims in Hawaii. Don’t lose out on valuable compensation just because the clock runs out.
• Not speaking to an attorney: The best way individuals can protect their interests after a car accident is by speaking to a highly qualified and sympathetic attorney. If you don’t, you may not receive the settlement you deserve or could give up your rights to compensation unknowingly.

At the Recovery Law Center in Honolulu, your first consultation is free, with zero obligation. You have nothing to lose and so much to gain by contacting us for legal advice.

Contact a Hawaii Car Accident Lawyer Today

You do not have to handle a car accident claim alone. At Recovery Law Center, our dedicated legal team understands Hawaii car accident cases and can help you pursue fair compensation. From helping you understand your motor vehicle insurance policy to preparing for settlement negotiations and trial, we strive to protect your rights every step of the way.

If you or someone you love has been involved in a serious Hawaii car accident, contact us to schedule a free consultation. We are ready to discuss your injuries, guide you through your legal options, and work toward the best possible recovery for you and your family.