After a serious crash, you will likely receive medical treatment long before the law establishes full responsibility. Hawaii's insurance system adds another layer because you may not need to prove who caused the accident to receive certain benefits. A Wailuku car accident lawyer can help you understand which coverage applies and how fault finding may affect a later claim. A personal injury attorney can also review how the facts fit the state's rules before making important decisions.
At Singleton Schreiber Injury Attorneys, our trial lawyers represent injured people, handling individual claims and complex litigation while drawing on resources developed across multiple states. Our team can investigate the crash and prepare a litigation claim when necessary. In addition, our on-staff social worker can help you access support beyond your legal case.
Personal Injury Protection Benefits After a Crash
The state requires motor vehicle insurance to include personal injury protection benefits. Under Hawaii Revised Statutes 431:10C-304, the insurer generally must pay covered benefits for accidental harm that arose when the insured operated the vehicle, subject to the policy limit. A Wailuku auto collision attorney can review your available Personal Injury Protection (PIP) coverage and explain how it applies to post-crash treatment.
Regardless of who caused the crash, PIP is typically the first source of payment for covered medical expenses. It is separate from a liability claim against an at-fault driver. Serious injuries can exhaust available PIP benefits, making the liability claim increasingly important as further costs accumulate.
What is Comparative Negligence and the 50-Percent Line?
The state's comparative negligence rule can determine whether an injured person recovers anything. Under HRS 663-31, the court could reduce damages according to the injured person's share of fault or bar recovery when that share is greater than the other parties' combined fault. Therefore, car accident lawyers in Wailuku have to treat fault allocation as more than a mathematical adjustment.
An insurer has a strong incentive to argue that the injured person crossed the 50-percent line because that finding can defeat the claim entirely. Evidence about vehicle positions, driver conduct, witness observations, and available records can challenge an inflated fault assessment and support a more accurate account of the crash.
Filing Deadlines and Responsible Parties
The state generally requires you to bring an action for personal injury within two years of the injury under HRS 657-7. Lawyers in Wailuku can evaluate that deadline while identifying every person or entity that may share responsibility for the auto wreck.
Settlement terms also matter when more than one party shares responsibility. Under HRS 663-10, resolving a claim against one joint tortfeasor could affect what you can recover from others. Highway crashes may involve a driver and a public road condition issue, so identifying every responsible party before the deadline could affect the claim.
Contact Our Wailuku Attorneys After an Auto Crash
Insurance coverage and fault percentages can interact with the settlement timing in ways that change the claim's practical value. At Singleton Schreiber Injury Attorneys, we can review those issues and develop an approach suited to the facts without predicting a result.
If you need guidance after a serious crash, a Wailuku car accident lawyer can assess the insurance benefits and liability questions your case raises. Reach out to our team to schedule a consultation and discuss how our local attorneys can draw on resources built across multiple states to pursue your claim.
