Best Car Accident Lawyers in Hawaii

About Car Accident Law in Hawaii, United States

Car accident law in Hawaii covers the legal rights and responsibilities of drivers, passengers, and other parties involved in motor vehicle collisions. Hawaii operates under a unique no-fault insurance system, which means that your own insurance company will typically cover your medical expenses and certain other losses, regardless of who caused the accident. However, depending on the severity of your injuries and the circumstances of the accident, you may have additional legal rights and options for seeking compensation. Understanding your responsibilities and the local laws related to car accidents in Hawaii is crucial if you have been involved in a collision.

Why You May Need a Lawyer

Dealing with the aftermath of a car accident can be overwhelming. You may require legal help for several reasons, such as:

• Your injuries are serious or long-lasting, and you have significant medical bills or lost income
• Your insurance claim has been denied or undervalued, and you are having trouble obtaining fair compensation
• The other party is disputing fault or liability
• There are multiple vehicles or parties involved, making the case more complex
• A loved one was killed in the accident and you may need to pursue a wrongful death claim
• You are being sued by another driver, passenger, cyclist, or pedestrian
• Your accident involved a commercial vehicle, rideshare, or government entity

A qualified attorney can help you protect your rights, gather evidence, communicate with insurance companies, negotiate settlements, and navigate the complex legal process if a lawsuit becomes necessary.

Local Laws Overview

Here are some key aspects of Hawaii’s car accident laws that individuals should be aware of:

• No-Fault Insurance: Hawaii is a no-fault state, so drivers must carry Personal Injury Protection (PIP) coverage. After an accident, you generally turn to your own insurer for medical costs and certain losses, regardless of fault.
• Minimum Insurance Requirements: Drivers must have minimum levels of liability insurance and PIP. As of 2024, this includes $20,000 per person or $40,000 per accident for bodily injury liability, and $10,000 per person for PIP.
• Threshold to Sue: You can only step outside the no-fault system and sue the at-fault party if you suffer certain serious injuries, such as significant permanent loss of use of a body part or system, or if your medical expenses reach a specified monetary threshold.
• Comparative Negligence: Hawaii uses a modified comparative negligence rule. If you are found to be 51 percent or more at fault, you cannot recover damages. If you are less than 51 percent at fault, your recovery is reduced by your percentage of fault.
• Statute of Limitations: You typically have two years from the date of the accident to file a lawsuit for personal injury, property damage, or wrongful death.
• DUI and Other Violations: Being under the influence of alcohol or drugs is a serious offense and can have a significant impact on liability and damages.
• Reporting Requirements: Accidents resulting in injuries, death, or property damage of $3,000 or more must usually be reported to the police.

Frequently Asked Questions

Do I have to report every car accident in Hawaii?

You must report an accident to the police if it results in injury, death, or property damage of $3,000 or more. You should also notify your insurance company as soon as possible after any accident.

What does Hawaii’s no-fault system mean for me?

Under the no-fault system, your own insurance company pays your medical bills and related expenses, regardless of who caused the accident. You can generally only sue the other party if your injuries are severe or meet certain criteria.

What should I do immediately after a car accident?

Stop your vehicle safely, check for injuries, call the police if required, exchange insurance and contact information, take photos and notes about the scene, and contact your insurance company. Seek medical attention even if you feel fine initially.

Can I file a lawsuit if I was partially at fault?

Yes, as long as you are not more than 50 percent at fault. Your compensation will be reduced by your percentage of fault under Hawaii’s comparative negligence law.

What if the at-fault driver is uninsured?

You may be able to make a claim through your own uninsured motorist (UM) coverage if you have it. Depending on your policy and the specific circumstances, an attorney can help you explore all options.

How long do I have to file a claim or lawsuit?

In most cases, you have two years from the date of the accident to file a personal injury or property damage lawsuit. However, some insurance policies have shorter time limits for claiming benefits, so act promptly.

What compensation can I receive after a car accident?

You may be able to recover medical expenses, lost wages, pain and suffering, property damage, and other related losses. The types and amounts depend on your insurance, the severity of your injuries, and liability.

Do I need a lawyer for a minor accident?

For minor accidents with no injuries and minimal property damage, you may be able to handle insurance claims yourself. However, consulting a lawyer is advisable if you are unsure, your claim is denied, or more serious factors are involved.

What should I bring to my consultation with a car accident lawyer?

Bring your insurance policy, police report, medical records, photos of the accident scene and damage, contact information for involved parties and witnesses, repair estimates, and any correspondence with insurance companies.

Can I recover for emotional distress after a car accident?

You may be entitled to compensation for emotional distress, pain, and suffering if you meet Hawaii’s threshold for a personal injury claim outside the no-fault system. An attorney can advise you about eligibility based on your case.

Additional Resources

For further information and assistance regarding car accidents in Hawaii, consider the following resources:

• Hawaii Department of Commerce and Consumer Affairs - Insurance Division: Offers information about auto insurance requirements and consumer guidance
• Hawaii State Judiciary: For information about small claims, civil court processes, and forms
• Hawaii Department of Transportation: Provides resources on roadway safety and accident reporting
• Local law enforcement agencies: For accident reports and procedures
• Legal Aid Society of Hawaii: Provides free or low-cost legal assistance and advice for eligible residents

Next Steps

If you have been involved in a car accident in Hawaii and need legal guidance, here are your recommended next steps:

• Prioritize your health and safety by seeking immediate medical attention for any injuries
• Gather information and evidence, including photos, contact and insurance details, and the police report
• Notify your insurance company and follow their claims process
• Consult with a qualified car accident attorney, especially if you suffered injuries, your case is complex, or the insurance process is challenging
• Act quickly, as deadlines apply for insurance claims and potential lawsuits
• Keep all records of your accident, medical treatment, and communication for future reference

A skilled attorney can help you understand your rights, protect your interests, and pursue the best possible outcome in your car accident case.