A car accident is one of the most stressful – and expensive – events that can happen in your lifetime. Fortunately, Hawaii has laws in place to help you manage the costs and struggles you experience because of a crash. When you’ve been the victim of a car accident in Hawaii, it’s important to understand how Hawaii’s liability laws work.
You have options for recovering compensation, based on who’s at fault, the extent of your damages, and whether you share any of the blame.
The best way to understand your rights and options is by contacting an experienced Hawaii car accident attorney at Singleton Schreiber early on in the legal process. Our team will listen to your story, help you understand liability in the context of your specific case, and help you seek the compensation you need to get back on your feet.
Hawaii is a No-Fault State For Car Accidents
While some states have fault-based rules for car accidents, Hawaii follows a no-fault system. When you get into a car accident in Hawaii, you’re required to file a claim with your insurance company regardless of who’s liable for the crash.
Hawaii state law requires all drivers to purchase minimum amounts of car insurance coverage, including:
- $40,000 per person and $80,000 per accident in bodily injury liability coverage
- $20,000 per accident in property damage coverage, and
- $10,000 in personal injury protection (PIP) benefits.
The 40/80/20 liability coverage protects you if you get sued after a car accident. That will cover the costs and damages suffered by others if you cause a car accident in Hawaii.
PIP benefits are used to pay for your medical bills and, in some cases, lost wages and household services, when you file a no-fault claim with your insurer after a traffic accident.
Can I File a Car Accident Lawsuit Even Though Hawaii is a No-Fault State?
Yes. Even though Hawaii is a no-fault state, drivers are still required to carry liability insurance. That’s because when a car accident victim suffers serious injuries, they can file a claim against a liable party and seek additional compensation for their medical bills, loss of income, property damage, and harder-to-value pain and suffering.
In Hawaii, anyone who contributes to a car accident that results in property damage, personal injury, or wrongful death can be liable for the consequences. Liability refers to financial responsibility for damages.
Most often, a party is liable for a car accident because they were negligent in some way. Negligence refers to a breach of the duty of care owed to another that causes avoidable injury or death.
Someone might be liable for your car accident injuries if they were:
- Speeding
- Texting and driving
- Driving under the influence of drugs or alcohol
- Tailgating
- Driving aggressively (e.g., ignoring traffic signals, making unsafe lane changes, turning illegally)
- Driving while fatigued
Other parties – like car manufacturers – might be strictly liable for your car accident, which means they’re on the hook for your damages even if they weren’t negligent.
It’s important to consult an experienced car accident attorney near you in Maui to navigate liability issues, as they can become very complicated.
Even though you’ll seek PIP benefits from your own insurance company first, you can sue the at-fault party for additional compensation from their liability coverage and, in some cases, from the at-fault party directly.
You can sue when your injuries meet the serious injury threshold established by Hawaii state law. This usually means that you’ve requested more than $5,000 in your own PIP benefits for injuries that caused permanent disability, disfigurement, or the loss of some bodily function. Many spinal cord injuries, brain injuries, broken bones, amputation injuries, burn injuries, and nerve injuries qualify as serious and can give rise to additional litigation beyond your no-fault coverage.
How Can Shared Liability Affect My Ability to Recover Compensation For Car Accident Injuries?
Hawaii’s liability laws extend to crash victims, too. Under the state’s modified comparative negligence statute, damages in a personal injury lawsuit are reduced proportionately to fault up to 50 percent.
Simply put, if you’re partly to blame for a car accident in which you’re injured, it affects your ability to recover compensation. Your damages will be reduced based on your shared fault. If you’re assigned 10 percent of the blame, you’ll be able to recover up to 90 percent of your damages.
At the same time, you become liable for damages suffered by others in the collision, too. Sharing 10 percent of the blame means being on the hook for 10 percent of the other parties’ damages. If someone suffered $100,000 in damages, you’d be responsible for $10,000.
How Long Do I Have to Seek Compensation from a Liable Party After a Hawaii Car Accident?
Hawaii has strict laws regarding civil litigation. This includes time limits for filing an insurance claim or a lawsuit against a liable party.
There can be exceptions, but you’ll usually have to pursue damages from a negligent or otherwise liable party within two years of the date of your car accident.
When the statute of limitations runs out, the other parties are no longer liable for your damages in a court of law.
Leading Hawaii Litigation Attorneys Ready to Fight For Your Best Interests
Hawaii has unique liability laws. It’s important to know the liability laws that will affect you after a car accident. They’ll dictate what type of claim (or claims) you file, who you file it with, and the types of compensation you can recover.
You’ll face a lot of resistance as you seek damages from a liable party, too. The best way to protect yourself and get the compensation you deserve is by hiring an experienced Hawaii car accident attorney at Singleton Schreiber to handle your case.
Singleton Schreiber has decades of combined experience fighting on behalf of accident victims and families. Our unmatched legal strategies help us prove liability and leverage record-setting case results on behalf of our clients.
We’re the fearless legal advocates you’ll want standing beside you when the insurance company and liable parties fight back. Contact our Hawaii law office today to schedule a free consultation.
