Understanding No-Fault Accident Claims in Hawaii: What You Need to Know

Hawaii operates under a no-fault insurance system for motor vehicle accidents, meaning your own insurance policy covers your medical expenses and related costs, regardless of who caused the accident. This article provides an in-depth look at how Hawaii’s no-fault system works, what it covers, and when you can step outside this system to pursue additional compensation.

What Is No-Fault Insurance in Hawaii?

In Hawaii, no-fault insurance refers to Personal Injury Protection (PIP) coverage, which is mandatory for all drivers. PIP covers medical expenses, lost wages, and other related costs for you and your passengers after a car accident, irrespective of fault.

Key Features of Hawaii’s No-Fault System:

• Mandatory PIP Coverage: All drivers must carry PIP insurance to cover their own injuries and those of their passengers.
• Immediate Medical Coverage: PIP allows for prompt payment of medical bills without the need to establish fault.
• Limitations on Lawsuits: You can only sue the at-fault driver under specific conditions, such as severe injuries or significant medical expenses.

When Can You Sue the At-Fault Driver?

While Hawaii’s no-fault system restricts lawsuits for minor injuries, you may pursue a claim against the at-fault driver if:

• Your medical expenses exceed $5,000.
• You suffer from permanent loss of a bodily function, permanent disfigurement, or death.

These thresholds allow victims with serious injuries to seek compensation beyond what PIP covers.

What Does PIP Cover in Hawaii?

Hawaii’s PIP insurance typically covers:

• Medical and rehabilitation expenses.
• Lost income due to injury.
• Essential services, such as household help, if you’re unable to perform them due to injury.

It’s important to note that PIP does not cover vehicle damage; for that, you’ll need collision coverage or to pursue a claim against the at-fault driver’s property damage liability insurance.

How to File a No-Fault Accident Claim in Hawaii

Follow these steps to file a no-fault claim:

1. Notify Your Insurance Company: Report the accident as soon as possible.
2. Submit a PIP Application: Complete and submit the required forms provided by your insurer.
3. Provide Necessary Documentation: Include medical records, bills, and proof of lost wages to support your claim.

Additional Resources

• Hawaii Department of Labor and Industrial Relations – Disability Compensation Division
• Nolo’s Guide to Hawaii No-Fault Car Insurance

Conclusion

Understanding Hawaii’s no-fault insurance system is crucial for navigating the aftermath of a car accident. While PIP provides immediate coverage for medical expenses, there are circumstances where you can seek additional compensation from the at-fault driver. Always consult with a qualified attorney to explore your options and ensure your rights are protected.

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