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How does Hawaii's No Fault law affect my potential injury claim?


Is Hawaii A No Fault State?

Yes, Hawaii is a no fault state. If you are planning on filing a Hawaii personal injury claim, it is important to have an understanding of how Hawaii’s no-fault law works. In Hawaii, “no-fault” means that each party in an accident will have their medical treatment covered up to their Personal Injury Protection benefits (PIP), despite who was at fault.

Hawaii Car Insurance Laws

There are some exceptions to Hawaii’s no-fault law. If a pedestrian or bicyclist is injured in an accident with a motorist, the motorist’s insurance company is responsible for covering the victim’s medical bills. This is the case even if the pedestrian or bicyclist were at fault for the accident. If that motorist does not have insurance, your uninsured motorist coverage can compensate you for your medical treatment. This is true whether you are a pedestrian or in a vehicle.

Hawaii’s no-fault law also states that if you are at fault in a collision, your property damage coverage will cover the costs of repairs up to the coverage limit. If another driver is at fault for a collision, his property damage coverage will cover the cost of your repairs, assuming he has it.

Hawaii also has a monetary threshold that allows accident victims with severe and catastrophic injuries to file a Hawaii personal injury claim against those responsible. This means that if your medical bills exceed $5,000, you have the right to pursue a Hawaii personal injury claim despite Hawaii’s no-fault law.

Honolulu Personal Injury Lawyer

If you have been injured and are considering filing a Hawaii personal injury claim, consult an experienced Honolulu personal injury lawyer. Your attorney can study the facts surrounding your case, including your insurance and the other party’s insurance coverage, and determine your next step. An experienced Honolulu personal injury lawyer can also answer any questions you may have about your case and explain your legal options.

After a serious accident in Hawaii, you should spend your time focusing on recovery, not dealing with insurance adjusters, never-ending paperwork and complicated legalese. Hawaii attorneys Davis Levin Livingston will fight for your rights while you focus on healing. We serve accident victims on Oahu, Maui, the Big Island, Kauai and beyond. Contact us today for a no-cost case evaluation (808) 740-0633