Hawaii Auto Accident Laws

/Hawaii Auto Accident Laws
Hawaii Auto Accident Laws 2018-01-13T20:24:41+00:00

We’re about to tell you everything you ever wanted to know and more if you were in a car accident in Hawaii.  You’ll learn what you need to do after your accident and what the average settlement is for a car accident Hawaii.

Hawaii Choice No-Fault Car Insurance Rule  hawaii auto accident laws

This is the key to understanding how car accident settlements in Hawaii work.  The choice no fault insurance rule basically says that no matter what the first thing to do after an accident you should reach out to your insurance and go through them.  It is very rare that the other driver can be held liable for an accident.  The only way is if you have a “serious injury”.  This is defined as broken bones at a minimum and typically needs to be much more severe.

How Long Do I Have To File A Lawsuit After My Car Accident?

After you’ve regained your composure after your car accident, you will want to reach out to a lawyer.  In Hawaii statute of limitations is the law that determines how long you have to file a lawsuit.  It states that you have 2 years from the date of your car accident to file a lawsuit for personal injury as well as 2 years to file a lawsuit for property damages.  These time frames only effect court cases and not insurance filings.

The one exception to this is if your accident involved any type of government vehicle.  In this case the laws are different but you will need to file quickly in this case, often within 90 days of your accident.

Comparative Fault Rules In Hawaii 

If you’ve been hurt in an accident Hawaii, the law determining your compensation takes into account what percentage at fault you are in the accident to determine the amount you will receive in your settlement.  Let’s look at an example:

Let’s assume you are in a car accident in Honolulu and the total damages (missed work, property damage, medical bills) add up to $50,000.  The jury determines that you are 20% at fault for the accident.  You would then receive $40,000, 20% less than the $50,000 based on your fault percentage.  However if you are more than 50% at fault you will not be able to collect any damages.

If you have any questions that you are looking for further details, please visit Hawaii’s Department of Transportation website here.

What’s The Average Settlement For A Car Accident In Hawaii?

If you’d like to see how much your accident settlement may be worth, please fill out this form and a Hawaii car accident attorney will reach you shortly.