One decision made in the hours after a car crash can affect your finances for years. What you say to an insurance adjuster, when you seek medical care, and how your claim is handled often determine whether you receive a fair settlement or are left paying out of pocket.
Because the physical and financial costs of a major car accident are so high, it’s important to seek the maximum amount of compensation possible for your losses. But insurers have no incentive to make large payouts to accident victims. Getting fully compensated can be difficult.
Don’t settle for a lowball settlement offer from the insurance company. A Honolulu car accident lawyer from Recovery Law Center can fight to maximize the value of your settlement, making it easier for you to move on from this difficult chapter in your life.
Glenn T. Honda is a proven Hawaii injury attorney who has successfully represented clients throughout Oahu for more than 25 years. Whether you live on the island or were injured while on business or vacationing, Recovery Law Center will work to secure full and fair compensation for you.
The clock is ticking on your injury claim. Don’t wait any longer to get started. Call or contact us today for a free consultation.
What Affects Car Accident Settlement Amounts?
There are a number of factors that will impact the amount of your car accident settlement. These include:
1. The extent of your injuries
Severe injuries mean higher medical bills, more pain and suffering for you, and more time away from work as you get the treatment you need to heal. The greater the injury, the more compensation you may be able to receive.
2. Who was at fault for the accident
Hawaii is a no-fault state for car accidents, which means that you’ll first seek compensation for your injuries from your own insurer. But don’t make the mistake of thinking that fault doesn’t matter if your crash occurs in a no-fault state. Depending on the facts of the case, you could also be entitled to file a personal injury lawsuit against the responsible driver. Your own share of fault will then come into question and could reduce your ultimate settlement amount.
3. The quality of the evidence
To recover the amount you deserve after a car accident, you need solid evidence to back up your claim. Examples include photographs of your injuries, medical records, hospital records, prescription receipts, pay stubs to substantiate your lost wages, and the police accident report.
4. Insurance policy limits
Insurance companies only have to pay “reasonable” costs up to the dollar limits purchased by their policyholders. If your damages exceed these amounts, the policy limits could reduce your settlement amount.
Do’s and Don’ts to Improve Your Chances at a Fair Car Accident Settlement
The steps you take in the period after a car accident can help or hurt your ability to recover maximum compensation. Here are tips that could help tip the scales in your favor:
Do:
- Take photos of the accident scene and your injuries. Visual evidence can demonstrate the extent of your injuries in a much more compelling way than medical records can alone. Photographs can also help establish fault after a car accident. Take pictures of the damage to your vehicle, the area surrounding the crash site, your injuries, and whatever else may be pertinent to your case.
- See a doctor right away. If you aren’t taken to the hospital after a crash, be sure to schedule an appointment with your doctor as soon as possible. This can rule out any undetected injuries so that you receive proper treatment. Seeing a doctor quickly shows that you took immediate steps to address your injuries, which is important to maximizing the case value of your claim.
- Save all your receipts and pay stubs. To obtain compensation for your medical bills and lost wages, you need to be able to document your financial losses. These records will be key in helping you recover compensation.
- Call a car accident attorney immediately. The sooner you speak to a car accident lawyer, the sooner you can take action.
Don’t:
- Post about your accident on social media. Insurance adjusters have been known to comb through social media sites to look for evidence that could reduce settlement payouts. Don’t post evidence that could be used against you. For example, if you sustained whiplash in a crash, a photo of you dancing at a party could harm your case. It’s best to stay away from social media entirely after a car accident, but if you do post anything, don’t say anything about the collision.
- Discuss fault with anyone. Even a simple “I’m sorry” can work against you in a crash investigation. If you’re asked about the accident by the police or insurance company, answer truthfully, but don’t speculate about who is to blame.
- Speak to the insurance company without consulting a lawyer first. A car accident lawyer can handle all communications with the insurance company for you. This can protect your rights and give you time to rest and recover from your injuries.
What Is the Average Car Accident Settlement Amount in Honolulu?
Car accident victims frequently ask if there is an average car accident settlement amount. Unfortunately, there’s no accurate answer to this question. All accidents have different facts and can settle for different amounts. However, a good car accident lawyer can put an estimated value on your case and fight for the maximum compensation possible.
A settlement can include compensation for losses such as:
- Past and future medical bills
- Lost wages
- Lost earning potential
- Property damage
- Pain and suffering
- Wrongful death
A favorable outcome in your car accident case can help address immediate monetary losses and provide financial security for expenses expected to last for years to come.
How Honolulu’s No-Fault System Shapes Your Car Accident Settlement
Hawaii follows a no-fault system for motor vehicle accidents. This means your own insurance company usually pays for medical expenses and certain lost wages through Personal Injury Protection (PIP) coverage. PIP coverage applies even if the other driver caused the crash.
This system can confuse accident victims. Many people assume they cannot pursue additional compensation, but that is not always true. When injuries are serious, medical costs exceed PIP limits, or permanent injuries occur, you may step outside the no-fault system and pursue a personal injury claim against the at-fault driver.
What If I am Partially at Fault for the Wreck?
In Hawaii, the fault comes into play if you are seriously injured and file a claim for compensation against the other driver. This can only happen if:
- Your accident resulted in more than $5,000 being paid from your own insurance company.
- You suffered serious and permanent injuries such as the loss of a body part, a permanent reduction in some kind of bodily function, or serious disfigurement.
Let’s assume that you meet the criteria to file a lawsuit against the other party. In Hawaii, you could still be entitled to compensation even if you are partially at fault for the wreck. However, your final award will be reduced by the percentage of fault assigned to you for the crash.
Example: You sue the other driver for $100,000 in damages, but the courts determine that you were 10 percent responsible for the crash that injured you. Your compensation would be reduced by 10 percent, or $10,000. You would therefore be entitled to $90,000 in compensation.
How Insurance Companies Evaluate Car Accident Claims
Insurance companies do not calculate settlements based on fairness. They evaluate risk, policy limits, and profit. Adjusters review medical records, property damage, and statements to estimate the value of the case.
They also look for reasons to reduce payouts. Common tactics include:
- Questioning medical necessity
- Blaming pre-existing conditions
- Arguing that injuries were caused by something else.
Early settlement offers are often lower than the fair value of a car accident case. Accepting too soon can leave accident victims responsible for future medical costs and unpaid losses.
When a Personal Injury Lawsuit Becomes Necessary
Not every case settles easily. Sometimes, filing a lawsuit for a car accident claim is the only way to recover fair compensation.
Lawsuits Apply Pressure
A personal injury lawsuit shows that you are prepared to pursue the claim in court. This often leads to more serious settlement discussions. Auto accident lawsuits also allow access to evidence through discovery, including company records and expert testimony.
Punitive Damages in Rare Cases
Punitive damages are uncommon but may apply when conduct is reckless or intentional. These damages punish misconduct rather than compensate for losses. They may increase overall settlement value in some instances.
Talk With Recovery Law Center About Your Car Accident Case
A fair car accident settlement is not about pushing paperwork or rushing to close a claim. It comes from steady guidance, clear communication, and someone who stays focused on your long-term well-being, not just the insurance company’s timeline. We have seen how quickly early mistakes or unanswered questions can limit compensation, even in cases that should have been straightforward.
At Recovery Law Center, we take a hands-on approach from the first conversation forward. We explain what matters, handle the pressure from insurance companies, and remain accessible when questions come up. Our clients know they are not passed off or left guessing about what comes next. That trust is something we work to earn every day.
Seanny D described his experience this way:
The team at Recovery Law was exceptional beyond expectations. Their professionalism, insight of my situation, and knowledge was on point from beginning to the end. They were on point and proactive on behalf of me and I felt very comfortable. I always felt assured that they were in control of my situation as if I was family. From fast replies to any questions I had to sending holiday cards in the mail. They encouraged and guided me in this first time ordeal on my path to recovery. I would recommend them to anyone. I have a great deal of gratitude and appreciation. I could go on for days with praise, but long story short they treated me like ohana and I was beyond pleased with the settlement.
If you were injured in a car accident in Honolulu and want to understand your options before making decisions that affect your future, schedule a consultation with us. We offer a free, no-obligation consultation, and we are ready to listen, explain, and help you move forward with clarity and confidence.
