A car accident can disrupt your life in an instant. Whether it’s a minor crash or a major collision, the stress that follows can feel overwhelming. From getting medical care to handling vehicle repairs and dealing with insurance adjusters, the process is not always straightforward. If your accident happened in Honolulu, knowing what to expect when filing a car accident claim can make a major difference.
This guide walks through each step of the process so you know how to protect your rights, get the compensation you need, and avoid costly mistakes. A skilled Honolulu car accident attorney can help guide you through this journey with care and experience.
Understanding Hawaii’s No-Fault System
Before filing a claim, it’s important to understand how Hawaii’s no-fault insurance system works. This law requires every driver to carry Personal Injury Protection (PIP) coverage. After an accident, your insurance pays for your medical bills, no matter who caused the crash.
Key Features of No-Fault Insurance:
- PIP coverage helps with medical expenses, lost income, and certain other costs related to injuries.
- You must first use your PIP benefits before pursuing compensation from the at-fault driver.
- You may only file a personal injury lawsuit if your medical expenses exceed $5,000 or if your injuries are considered serious (such as permanent loss of function or disfigurement).
This system aims to reduce the number of lawsuits, but it doesn’t eliminate the need for legal help. A Honolulu car accident lawyer helps determine whether your situation qualifies for a claim beyond PIP benefits.
Step-by-Step Guide to Filing a Car Accident Claim in Honolulu
Report the Accident
Immediately after the crash, call 911 to report it. If there are injuries or significant damage, police must document the scene. Always ask for a copy of the police report. This report becomes an important piece of evidence when filing your claim.
Get Medical Attention
See a doctor right away, even if you feel okay. Some injuries, like whiplash or internal bleeding, may not show symptoms right away. Medical records will also support your claim and help connect your injuries to the accident.
Notify Your Insurance Company
Let your insurance provider know about the accident as soon as possible. Share the basic facts:
- Time and date of the crash
- Location
- Names of all involved drivers
- Police report number, if available
Avoid giving a recorded statement without speaking to a lawyer first. Insurance adjusters may use your words against you to lower the payout.
Gather Evidence
If it’s safe to do so, collect the following:
- Photos of all vehicles and the scene
- Witness contact information
- Road and weather conditions
- Vehicle damage estimates
- Medical records and bills
The more information you provide, the stronger your claim will be. A Honolulu car accident attorney can also help collect and organize key evidence.
What Happens After You File a Claim
Once you file a car accident claim, several things happen. The timeline and process may vary depending on your injuries, insurance coverage, and whether another driver was at fault.
Insurance Review and Investigation
The insurance company will open an investigation. They will:
- Review the police report
- Talk to witnesses
- Inspect vehicle damage
- Review your medical records
This process can take several weeks. Keep copies of all paperwork and stay in touch with your attorney to avoid delays or mistakes.
Settlement Offer
After reviewing your claim, the insurance company may offer a settlement. This is a lump sum of money in exchange for closing your case.
Important: Settlement offers are not always fair. Insurance companies often offer less than what your claim is truly worth. If you accept too soon, you may not receive enough money to cover future treatment or lost income.
A Honolulu car accident lawyer reviews any offers and negotiates for a fair outcome. In many cases, people who hire attorneys receive higher settlements than those who go it alone.
Suing the At-Fault Driver: When and Why
If your injuries are serious or your expenses exceed your PIP coverage, you may sue the other driver. Filing a personal injury lawsuit allows you to seek full compensation, including:
- Pain and suffering
- Emotional distress
- Future medical costs
- Lost earning capacity
- Other non-economic damages
When You Can File a Lawsuit
You can take legal action when:
- Your medical bills exceed $5,000
- You suffer serious or permanent injuries
- You lost the use of a body part
- You experienced permanent disfigurement
Your Honolulu car accident attorney will determine if your case meets the legal threshold and guide you through the court process if needed.
Shared Fault in Hawaii
Sometimes, both drivers share blame for an accident. Hawaii uses a comparative fault rule. This means you can still recover damages as long as you are not more than 50% at fault.
However, your compensation will be reduced based on your percentage of fault. For example:
- If you are 20% at fault and your damages total $100,000, you may receive $80,000.
Proving fault and minimizing your share of responsibility can significantly affect your case. A Honolulu car accident lawyer gathers evidence to show the other driver caused the crash, or was mostly to blame.
Time Limits for Filing a Claim
In Hawaii, the statute of limitations for most car accident claims is two years from the date of the crash. If you miss this deadline, you may lose your right to sue.
There are some exceptions:
- Claims involving minors may have more time.
- Government-related claims often have shorter deadlines and special notice requirements.
To avoid missing critical deadlines, contact a Honolulu car accident attorney as soon as possible after your crash.
What a Honolulu Car Accident Lawyer Can Do for You
Filing a claim may seem simple at first, but the process often gets complicated. A lawyer helps you understand your rights, avoid mistakes, and maximize your recovery.
Key Ways an Attorney Helps:
- Handles all paperwork and deadlines
- Speaks with insurance adjusters on your behalf
- Gathers evidence and builds a strong case
- Calculates full damages, including future losses
- Negotiates a fair settlement
- Files a lawsuit and goes to court if needed
Legal representation brings peace of mind. It allows you to focus on healing while your lawyer protects your interests.
Mistakes to Avoid After an Accident
Even small mistakes can weaken your claim. Avoid these common pitfalls:
- Admitting fault: Don’t say “I’m sorry” or take the blame at the scene.
- Delaying medical treatment: Insurance companies may argue your injuries aren’t serious.
- Posting on social media: Avoid sharing accident details or photos online.
- Settling too early: Wait until you know the full extent of your injuries.
- Skipping legal advice: Speaking with an attorney early helps avoid errors that cost time and money.
Preparing for the Claims Process
The more prepared you are, the better your outcome may be. Here’s how to get ready:
- Organize Your Records: Keep receipts, bills, and all communications related to the crash.
- Track Symptoms: Write down how your injuries affect your daily life.
- Follow Doctor’s Orders: Complete all treatment plans and attend follow-up appointments.
- Stay Off Social Media: Insurance companies may monitor your accounts.
- Consult an Attorney Early: The sooner you get legal help, the stronger your claim.
Conclusion
Filing a car accident claim in Honolulu involves more than just filling out paperwork. It requires medical documentation, legal knowledge, and strong negotiation skills. While Hawaii’s no-fault system pays for basic expenses, serious injuries often need more support.
A skilled Honolulu car accident attorney can guide you through the process, from filing your claim to negotiating a fair settlement or taking your case to court if needed. With an experienced legal partner, you don’t have to face this stressful time alone.
Leavitt, Yamane & Soldner provides trusted legal support to crash victims in Honolulu and throughout Hawaii.