All vehicle drivers are required to carry valid car accident insurance to help pay for injuries, property damage, and other losses in the event of a crash. Unfortunately, many Hawaii drivers fail to obey this law and will drive without proper insurance coverage. When you’ve been involved in an accident with an underinsured or uninsured motorist, you may need significant compensation to account for your immediate medical bills, past and future lost wages, and long-term medical care, among other needs.
Although Hawaii is considered a “no-fault state” for car insurance, it’s common for drivers to purchase additional uninsured/underinsured motorist coverage (also known as UM/UIM coverage) to ensure that they have adequate compensation after a crash. If your provider has denied your UM/UIM insurance claim, you will need experienced legal counsel to negotiate for fair coverage. At Davis Levin Livingston, our Hawaii attorneys have over 160 years of combined experience advocating for car accident victims – and we will fight for your right to recovery.
Call (808) 740-0633 or contact us online to get started with a claim!
When Should I Seek Assistance from an Attorney?
When you’ve been involved in a major accident in Hawaii, your first step to seeking compensation will be to file a claim with your own insurance provider. In a no-fault car accident state, all insurance plans are required to include personal injury protection or PIP coverage, which insures the driver for crash injuries regardless of fault.
Although UM/UIM coverage is optional for a Hawaii car insurance plan, it can often provide additional financial protection beyond the limits of PIP coverage. In some cases, your policy may also contain UM/UIM coverage even if you have not specifically opted into the optional coverage. Unlike with PIP coverage, however, you will need to prove that the other driver was at fault to be eligible for UM/UIM benefits. Additionally, car insurers are often reluctant to pay out large settlements for catastrophic injuries and will attempt to save money by denying or downplaying your initial claim.
Insurers may try to deny your UM/UIM claim with the following justifications:
- That your UM/UIM coverage has lapsed or that your payments are delinquent
- That the other driver was not at fault and you were the main cause of the accident
- That your injuries are not as severe as you claim
- That you are filing a claim under false pretenses (i.e. there was no hit-and-run driver that caused property damage and injuries)
- That your injuries actually result from a pre-existing condition
If your UM/UIM claim has been rejected for any reason, or if you sustained life-altering injuries in a crash with an uninsured motorist, it’s recommended that you review your case with an experienced attorney. By reviewing the details of your policy and negotiating with the insurance provider, our team at Davis Levin Livingston may be able to help you file an appeal or seek compensation through an alternate route.
Need to speak with our legal team in Hawaii? Call (808) 740-0633 for a no-cost case evaluation.