July 24, 2019

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Hawaii Car Accident Claims

Honolulu Law Firms

Hawaii is a “no-fault” auto insurance state which means that your injuries must meet a certain threshold before you can take the other driver to court, even if the other driver was to blame for your accident. You can collect some compensation from your own insurance company or the insurance company which covers the vehicle you were in when the accident occurred. Depending on the facts in your case, there may also be other avenues of compensation.

Lawsuit against the Other Driver

Even though Hawaii is a no-fault state, you can bring a personal injury lawsuit against the other driver if your injuries were serious. This includes:

  • Injuries which require treatment which exceeds the amount of your personal injury protection (PIP) coverage with your own insurance company

  • Injuries causing permanent loss of a body part or function

  • Injuries causing permanent and serious disfigurement

Defective Vehicle

If your accident or injuries were caused by a defective vehicle, you can pursue compensation through a product liability lawsuit. Vehicle defects can cause accidents, or they can cause injuries to be worse in the event of an accident.

Responsible parties in a defective vehicle lawsuit can include:

  • Auto or parts manufacturer

  • Dealership

  • Parts seller

  • Rental company

  • Repair shop

Defective Roadway

When roadway defects cause accidents, the government entity responsible for the design, construction, and/or maintenance of the roadway can be held financially responsible.

Examples include:

  • Malfunctioning traffic signals

  • Potholes and other road damage

  • Debris and obstacles left in roadway

  • Missing, obscured, or inaccurate warning signs

  • Missing or obscured stop signs

  • Dangerous road design

Hawaii Car Accident Damages

Through a car accident lawsuit you can receive both economic and noneconomic damages which can include:

  • Past, current, and future medical expenses

  • Past, current, and future lost wages

  • Lost earning capacity

  • Disability

  • Disfigurement

  • Physical pain and suffering

  • Mental and emotional pain and suffering

  • Loss of the capacity to enjoy life

  • Diminished quality of life

  • Loss of consortium

  • Property damage

Uninsured, Underinsured, and Hit and Run

If you have purchased uninsured and underinsured coverage with your own insurance policy, that is an avenue of recovery for you in cases where your injuries were caused by a driver who was uninsured or underinsured, or if you were injured in a hit and run accident and the driver is not identified or located.

In hit and run accidents, your Honolulu car accident attorney may be able to identify and locate the driver, through a thorough investigation, even when law enforcement has been unsuccessful.