In implementing no-fault insurance, Hawaii law has simplified the process for auto accident victims. After most accidents, drivers and their passengers are able to seek compensation directly from the driver’s insurance company instead of bringing a personal injury lawsuit against another driver.
Hawaii requires drivers to carry a type of insurance known as personal injury protection, or PIP, which protects the driver and passengers in case of injury. The state requires all drivers to carry a minimum of $10,000 in PIP protection. After a minor accident, drivers can simply notify their insurer, pass along their medical bills, and receive compensation.
In accidents that cause more serious damage or severe injury, however, the process sometimes works differently. When you have suffered over $5,000 in damages or your injuries are considered serious or permanent, you may be allowed to bring a personal injury lawsuit against the responsible driver.
Although Hawaii is a no-fault state, all drivers are required to carry liability insurance to pay for any damage that they cause to other drivers, passengers or pedestrians. A car accident attorney can help you pursue claims against the liable driver.
Unfortunately, many drivers carry the minimum required liability insurance of $20,000 per person or $40,000 per accident, so a serious wreck could lead to damages that are far higher than those recoverable through insurance. To protect against this situation, drivers in Hawaii can purchase uninsured/underinsured motorist coverage (UIM). This type of insurance kicks in to help pay your expenses when your own PIP insurance and the responsible driver’s liability insurance are not enough to cover your costs. UIM also protects you when you are hit by an uninsured driver.
Carrying PIP, liability and UIM insurance above the minimum required amounts is not particularly expensive, and this extra coverage can make a world of difference if you are in a serious auto accident.
If you or someone close to you has been in a car accident in the Honolulu area, the personal injury attorneys at Shim & Chang are here to help. Call us at 808-524-5803 or contact us online to schedule a free consultation.
The Estate of Mark Tokuyama v. City and County of Honolulu Jury awarded $953,114.57, which at the time was the highest award ever for a drowning case.