Even though modern cars are hi-tech wonders equipped with various safety features, the number of collisions on the roads across the country continues to increase. With thousands of wrecks reported each year, Hawaii is not an exception – despite famous driving with aloha, more and more people get involved in crashes and look for legit opportunities to protect their rights and get the compensation they deserve.
Hawaii is one of the no-fault car insurance states, which means that in the case of a collision, drivers have to file a claim with their insurance company first. The latter is intended to cover medical bills, lost wages, property damage, and other expenses that occurred as a result of the crash. But if the injuries are serious and medical costs go beyond $5,000, victims are able to pursue a claim against the at-fault driver. Here is how to file a car accident claim in Hawaii in order to secure the compensation that can help you or your loved one to recover and get back on track.
Do Not Wait Too Long, Act Quickly:
In Hawaii, you have a limited amount of time to file a claim, therefore it is very important to act quickly and do it as soon as you can. People are often carefree, believing that their insurance company will surely offer them a fair settlement and if not, they can file their claim whenever they want or feel appropriate. Do not be misled by these car accident myths as you can miss your chance to fight for what you are owed. The statute of limitations for vehicle collision claims in Hawaii is two years from the date it occurred, which means you can act within this time frame.
If you’re not plotting to join the army of those who have waited too long to file a claim and had to settle for inadequate compensation offered by their insurance company, make sure not to miss the deadline. But it is even better to get legal help immediately after the crash, so your attorney can leverage his or her expertise and experience to gather valuable evidence and instruct you on all the dos and don’ts in dealing with the representative of your insurance company.
In accordance with the state laws, all drivers in Hawaii must carry PIP (personal injury protection) coverage of at least $10,000, so no matter who caused the collision, every driver should file a claim with his/her insurance company to be compensated for economic losses. No-fault insurance, however, does not deal with non-economic losses such as pain and emotional suffering, among others. That’s why in the case the cost of your damages go beyond your insurance policy limits or the wreck caused serious injuries and health issues, the only way you can get adequate compensation is to sue the negligent party. Of course, it’s hard for the great bulk of people to know whether their case provides a strong base for a liability claim, so it’s the point when knowledge of a reliable car accident attorney can be of great help.
If You’re Partially At Fault:
What if the crash was partly your fault? The good news is you are still eligible for compensation but its amount will be limited in accordance with the percentage of your blame. In compliance with Hawaii’s comparative negligence law, victims of vehicle accidents have the right to file a claim if they are less than 50% at fault. In line with this, the amount of compensation should be reduced accordingly. For instance, if you are entitled to receive $120,00 but found to be 30% responsible for the wreck, then the highest sum you can refund would be $84,000.
Costs That Should Be Covered:
Serious car crashes often come with lasting consequences that can negatively affect the rest of your life, hence it’s of utmost importance to make sure your settlement covers not only short-term but also long-term costs. Fair compensation in the case of serious accidents should provide for full coverage of your property damage, current and future medical expenses including rehabilitation and long-term care, as well as lost income and decreased ability to earn it in the future. With a good lawyer on your side, you can even recover the loss of companionship and the inability to enjoy your favorite activities. Now, when you know everything about how to file a car accident claim in Hawaii, do not miss your opportunity to fight for your rights and get the fair compensation you or your loved ones deserve.