What You Need To Know About Hawaii's No-Fault Laws
If you were driving your own car, a borrowed vehicle or a rental car when you were in a crash in Hawaii, presumably, your no-fault insurance was in effect. All motor vehicle drivers in Hawaii must have motor vehicle insurance and carry motor vehicle identification cards with them.
Were you in compliance with these requirements at the time of your accident? Understanding your insurance is a first step to recovering compensation after an accident.
The following information about Hawaii’s no-fault insurance is a general summary only. It is not intended to be specific legal advice for your situation. Contact a personal injury lawyer at Recovery Law Center in Honolulu to review your insurance coverage. Initial consultations are free.
What Does No Fault Mean in Car Accidents?
Hawaiians no failure system is designed to simplify the way drivers recover damages for a motor vehicle accident. Instead of seeking personal injury suit against a negligent driver motorists can simply file an individual claims claim with their own insurance company. The minimal coverage standards might not be enough to cover seriously disabled. The costs of medical care for catastrophic injuries (eg. traumatic brain injuries, spinal cord injury) can rapidly exceed PIP policy limits. When all PIP benefits have ceased, car accident victims can still sue the parties at fault with their additional losses. Finding legal options is the job of an experienced Hawaii car accident lawyer.
Hawaii No-Fault State
Hawaii is one of about 20 states in the nation adhered to “no-fault vehicle insurance.” After a car accident in Hawaii your personal injury protection will pay your medical and other financial expenses. The PIP benefits apply regardless of which party was responsible for driving the accident. You can’t get compensation for “pain and discomfort” or other damage because of the crash. If you are filing a third-parties insurance or lawsuit against the person responsible, your injured person can only exceed certain thresholds set forth in the state’ In Hawaii PIP is only required for personal injuries to motorcycle riders traveling in the state.
Hawaii Car Insurance Minimum Requirements
The Motor Vehicle Safety Responsibility Act provides regulation on the minimum requirements for motor insurance in Hawaii. When you request extra protection, all insurers will offer you higher limits for the different types of cover. Maximum limit for property damages is $10,000. Damaged bodily organs: $120,000 for injured persons. BI is liability insurance it compensates the other party — no one else but the passengers — for their injuries caused by their accident. You typically only need a vehicle insurance IF your car causes a serious accident.
Stepping Outside of Hawaii’s No-Fault System
In Hawaii all auto crash injuries must reach two thresholds. If any of your injuries fall below any of these thresholds – you are not entitled to take any claim under the same PIP policy. You could hold at-the-fault drivers responsible for an accident by paying third-party insurance claims or a personal injury claim. In addition, it is possible to seek compensation for other causes of damage that might be incurred or cured without the burden of proof such as pain. The state’s requirements for car insurance coverage in Hawaii are also applicable to drivers’ insurance policies such as a driver’s insurance policy.
In an Initial Consultation, I Can Help You Determine What Insurance Coverage Applies in Your Case
I am attorney Glenn Honda, the founder, and owner of Recovery Law Center. I welcome the opportunity to provide you an informative overview of your auto insurance coverage with no further obligation. According to Hawaii’s no-fault insurance laws, if the relevant insurance policy was active at the time of the crash, you may be eligible to recover:
- Payment of medical bills for your injuries and your passengers’ injuries up to the personal injury protection benefits (“PIP”) limit of $10,000 per person or more.
- Up to $20,000 per person ($40,000 per accident) for bodily injury liability to cover injuries of anyone who was injured besides you and your passengers.
In addition to these required amounts of coverage for injuries, your insurance policy or the relevant insurance policy of another driver may include compensation for:
- Collision and comprehensive
- Uninsured (UM) and underinsured (UIM) coverage
- Wage loss
- Alternative care (including healing methods such as naturopathy, acupuncture and faith healing)
- Death benefits (coverage range from $25,000 to $100,000)
- Funeral benefits, (the coverage is $2,000)
If you are determined to have been at fault, your insurance should pay up to $10,000 per occurrence to cover damage to the other person’s car or other personal property.
What If You Were Not The Driver?
You may have been a passenger, pedestrian, or bicyclist. You were injured when a car, truck, or motorcycle struck you or crashed with the vehicle you were riding in. Even if the driver was not properly insured, you may be eligible to recover compensation through your own uninsured/underinsured motorist coverage.
Hawaii lets a person pursue a lawsuit against the at-fault driver in any event in which they hit a specified quota. In any case the legal counsel is important. If an officer was negligent in committing an accident he or she can also try to determine what happened to him or her. If a successful trial begins, an experienced lawyer will determine the value of your case and will ensure you get the most possible return. In most cases a good. Do not represent yourself or others are advised! Should settlement negotiations fail you can sue the insurance company. The case was going to be heard before a judge or a jury. Keeping a lawyer by your side if your plan involves litigation is crucial.
Personal Injury Protection in Hawaii
In Hawaii people must obtain private injury protection (PIP), allowing for minimum coverage per person per accidents of $10,000. PIP covers all your needed medical services incurred as a result of a car crash. These services comprise but are not limited to the ambulance, a Hospital, x-ray surgery, professional nursing and a Rehabilitation. The Hawaii insurance code requires your insurance carrier to provide several ways to save your PIP payment including a deductible. Some insurers might have another approach to update the coverage. Geico for instance offers a further reduction in premiums if you agree to treat your injuries through its Managed Care Option (MCO).
Personal Injury Protection Requirements in Hawaii (PIP)
Hawaii is considered in no fault states. All drivers must provide for their own health insurance coverage to their maximum extent. PIP Insurance covers the medical costs you and your passengers incur regardless of your fault. Nevertheless, people can file a civil suit on the grounds of injuries or death suffered when a car crashes. The driver must pay for medical charges as well as those of.
What are state-mandated car insurance limits?
Hawaii’s liability limitation is classified into three main categories and generally is defined at 20/40/10. In Hawaii the law requires drivers to set minimum requirements to ensure their safety to the highest quality possible. Most often these limit can be increased for a modest rise in your premium. Each number relates to bodily injuries by person, body accidents and property damage. This is our breakdown describing what each section covers. What each category covers: B bodily injury, property damage as well as the costs you have to pay for each accident.