If you were involved in a car accident in Hawaii, you may be asking yourself how much time you have to take legal action. This is one of the most common questions after a crash because missing a deadline can mean losing the right to compensation. Hawaii follows a statute of limitations that limits how long an injured party has to bring a personal injury claim. In most cases, the law gives two years to file, but details can vary depending on the situation.
For many accident victims, the weeks after a collision are filled with stress. You may be facing medical bills, property damage, and the uncertainty of dealing with an insurance company. Even if your injuries are not immediately apparent, it is important to understand the rules for filing a claim. Acting quickly can help preserve vital evidence, such as police reports and witness statements.
At Recovery Law Center, we assist individuals in Hawaii with navigating car accident cases and protecting their legal rights. Our team explains how the two-year statute of limitations applies and helps clients take the right steps within the specified time frame.
How Recovery Law Center Helps After a Car Accident in Hawaii
After a crash, many people feel uncertain about what to do next. At Recovery Law Center, we guide accident victims through every step of the process, allowing them to focus on healing while we protect their rights.
- Experience with Motor Vehicle Accidents: We understand the stress that follows a car accident in Hawaii, including handling medical expenses, lost wages, and calls from a claims adjuster.
- Personalized Case Review: Our legal team listens to your story, reviews your accident report, and collects police reports to understand every detail of your case.
- Gathering Vital Evidence: We help you collect medical records, proof of property damage, and other vital evidence needed to support your personal injury claim against a negligent driver.
- Dealing With Insurance Companies: We communicate directly with both your own insurance company and the driver’s insurance company, protecting you from early low offers and ensuring your legal rights are preserved.
- Reducing Stress for Clients: By managing the claims process, we take the burden off your shoulders so you can focus on recovery rather than fighting with insurers.
- Accessible Legal Support: We offer a complimentary consultation, allowing accident victims to explore their options without incurring any costs or obligation.
- Trustworthy Guidance: If you are facing emotional distress or financial strain after an accident in Hawaii, we explain the next steps and guide you toward fair recovery.
Hawaii Statute of Limitations in Car Accident Cases
The Hawaii statute sets strict deadlines for when lawsuits can be filed. For most personal injury lawsuits, the two-year statute applies. This limitations period starts on the date the injury occurred, but there are exceptions. For example, if an injury is not immediately apparent, the clock may start when the injury is discovered.
If you do not file before the limitations deadline, your case can be dismissed regardless of how strong your evidence may be. This can leave accident victims without the ability to seek compensation for medical bills, lost income, or significant property damage.
It is important to understand that the law is strict. Courts enforce these deadlines, and insurance companies know how to use them to deny claims. Working with a Hawaii personal injury attorney can help ensure your legal claim is filed on time.
At Recovery Law Center, we explain how the Hawaii car accident laws apply to your case and make sure your lawsuit or claim is submitted within the correct window.
Filing a Personal Injury Claim After a Car Accident
In Hawaii, filing a personal injury claim after a car accident often starts with your own insurance company. Hawaii follows a personal injury protection (PIP) system, which means your insurance helps pay for medical expenses regardless of fault. This includes treatment costs if you seek medical attention immediately after a crash.
However, PIP only covers a portion of damages. If your injuries are severe or your costs exceed coverage, you may pursue a claim against the other driver’s insurance company. This often happens in Hawaii car accident cases involving bodily injury or significant property damage. Filing against the at fault driver allows you to request compensation for lost wages, emotional distress, and other losses.
Sometimes, it may be necessary to file a car accident lawsuit if the insurer refuses fair payment. This step requires careful planning, reviewing police reports, and working with a car accident attorney who understands how to prepare a strong case.
By acting promptly and with the guidance of a lawyer, injured parties increase their chances of receiving fair compensation.
Reporting a Car Accident in Hawaii
Many times, the police come to the scene of a car accident if it is serious. When they do, they will file an official accident report. The accident report could become an important part of a future legal claim, so make sure you get a copy of it.
Even if the police do not arrive on the scene, you are required to report an accident to the Hawaii Department of Motor Vehicles within 24 hours if:
- Someone was injured or killed
- The collision causes more than $3,000 in property damage
It will also be important to notify your auto insurance company of the accident. Each policy may have different notification requirements, so it’s important to check yours as soon as possible. When you do make the report, only tell the claims adjuster the basics of the accident, such as where and when it happened. Don’t discuss any injuries or speculate on who was at fault until you’ve spoken with a car accident attorney.
How Will Hawaii’s No-Fault Insurance Laws Affect My Claim?
Hawaii is a no-fault insurance state. All drivers in Hawaii must carry personal injury protection (PIP) coverage of at least $10,000. After a car accident, you will be required to file a claim with your own insurance company to get compensation for economic losses, such as medical costs, lost income, property damage, and other expenses. This rule applies no matter who caused the crash.
No-fault insurance does not provide coverage for non-economic damages such as pain and suffering or emotional distress. In Hawaii, you can only get compensation for these losses if you file a liability claim or lawsuit against the negligent party. But your accident claim must meet at least one of two conditions:
- The cost of damages must exceed your insurance policy limits.
- The accident caused significant injuries, such as permanent loss of bodily function or disfigurement.
Given these strict requirements, it can be challenging for claimants to determine whether their circumstances permit them to pursue a liability claim against the at-fault driver. However, a skilled Honolulu car accident attorney at Recovery Law Center can evaluate your case and help you pursue all possible avenues for maximum compensation.
How Does a Car Accident Settlement Work?
A settlement is an agreed-upon amount of compensation between you and the insurance company (or the insurance company of the other driver if you are able to file a lawsuit). Most car accident cases resolve in a settlement to avoid the costs and risks of trial. However, sometimes a trial is necessary to reach the best results possible.
In reaching a settlement, the insurance company will evaluate several factors to determine what they consider a fair payout. Some of these include:
- The severity of your injuries
- The long-term impact of the injuries on your life
- Your age
- Any pre-existing conditions
- Insurance policy limits
You should know that even though compensation may only come through your no-fault insurer, you will likely get a lowball first offer. That’s because insurers rely on the fact that many people are unaware of the true value of their claims. By talking with a lawyer first, you are more likely to obtain the settlement you deserve.
If you are able to file a lawsuit, the court might order the parties to take part in a settlement conference. Settlements can be a good way to get a decent amount of compensation for your injuries without having to go through a lengthy trial.
At other times, a settlement might not get you the full compensation you need. The insurance policy for the person who caused the wreck might have limits on liability coverage that won’t fully cover your losses, or their insurance company might not agree to a fair settlement. A knowledgeable motor vehicle accident lawyer can help determine how much compensation you should ask for and the best way for you to get the money you are owed.
Comparative Negligence in Hawaii Car Accident Cases
Hawaii uses the comparative negligence rule to decide how much compensation an injured party can receive. This means that if more than one driver is involved in causing the accident, fault is divided by percentage.
For example, if you are found 20 percent responsible and the other driver is 80 percent at fault, your damages may be reduced by 20 percent. You could still recover money for medical bills, lost wages, and property damage, but the final amount would be smaller.
This rule makes determining fault critical in Hawaii car accident cases. Insurance companies may try to argue that you share more blame than you should. Having legal counsel helps protect against unfair fault assignments.
A Honolulu personal injury lawyer will carefully review police reports, witness statements, and photos to gather evidence that supports your side. Building a strong case under the comparative negligence rule increases the chances of achieving fair compensation for injuries and losses.
What If the Insurance Company Is Being Uncooperative?
Serious car accidents can impact you for the rest of your life. They not only destroy property but may also result in lifelong disabilities that cause chronic conditions or eventual death. Not all of these impacts are immediately apparent, so you may not fully realize the extent of the accident’s devastation until many years later.
This is one of the most important reasons to hire a car accident attorney. Insurance companies can be quick to settle, which seems good, but actually can be detrimental.
For example, someone who emerges from a coma after a traumatic brain injury will have a long road to recovery, with no guarantees about how much function will return. An attorney will want to wait until the victim reaches maximum medical improvement (the maximum amount of recovery that can be expected given the nature of the injuries) before determining a final settlement demand. Settle too soon, and you may end up with less money than you will genuinely need moving forward.
Any award after a serious car accident should cover both short-term and long-term costs, such as:
- Medical bills for doctor visits, medications, and surgeries
- Future medical expenses, such as therapies, rehabilitation, or long-term care
- Disability accommodations (such as renovations to your home and modifications to cars) that are necessary due to your injuries
- Lost income
- Reduced ability to earn future income (if you must stop working or can no longer work at the same capacity and earn the same amount of money that you did before the crash)
- Pain and suffering
- Loss of consortium, companionship, or the ability to participate in activities you used to enjoy
- Inability to perform valuable household tasks, such as cleaning and repairs
- Emotional distress
- Property damage
When you work with Recovery Law Center, our car accident attorney can negotiate with the insurance company on your behalf. All you should worry about right now is healing. Leave the rest of the legwork to our dedicated legal team.
Call Recovery Law Center After a Car Accident in Hawaii
Time is critical after a car accident in Hawaii. The limitations deadline under the Hawaii statute does not allow for delays. Even if you are unsure about filing a legal claim, it is better to speak with a Hawaii car accident attorney early.
Preparing a case takes time, and waiting too long can make it harder to find witnesses or collect accurate records. If the limitations period passes, you may lose the chance to seek compensation altogether. That is why acting quickly is one of the most important steps after a motor vehicle accident.
At Recovery Law Center, we help individuals understand these deadlines and explain how Hawaii car accident laws apply to their specific situation. Our Honolulu car accident attorneys guide clients through the claims process, negotiate with the insurance company, and take cases to court when necessary.
Call us at (808) 515-2107 or schedule a free consultation online to discuss your case and protect your right to fair compensation under Hawaii law.
