Here’s what to do after a car accident in Hawaii to protect your health and your right to injury compensation.
Hawaii has more than 2,433 miles of paved freeways, highways, and roadways on six major islands.¹ More than 400 people suffer serious injuries each year in Hawaii motor vehicle accidents, with more than 100 fatalities.²
If you or a loved one were injured in a Hawaii traffic accident, you may be able to file a claim or lawsuit. Here we discuss what to do after an accident, how to determine fault, and pursuing compensation for injuries.
What to Do After a Hawaii Car Accident
Protect yourself and start building a strong injury claim by taking these steps after a car accident in Hawaii.
1. Stay At the Scene and Exchange Information
Hawaii accident laws require drivers to stop after any accident involving injuries, death, or property damage. Try not to block traffic, and remain on the scene.
Drivers must exchange their name, address, and vehicle registration information. Upon request, drivers must share their driver’s license and insurance information with the other driver or anyone injured in the accident.
2. Call 911 and Help the Injured
Hawaii requires drivers to notify the police of an accident “by the quickest means of communication” when the accident involves injury, death, or property damage over $3,000.
You, or one of your passengers, can use a cell phone to call 911. Tell the dispatcher if anyone is injured, asking for medical help, or if there are hazards at the accident scene. Hazards can include anything from heavy traffic, to leaking fuel or downed power lines.
Try to give the dispatcher a specific location, including street names, mile markers, or landmarks to help emergency services get to you faster.
3. Seek Prompt Medical Treatment
Always have a thorough medical evaluation after a motor vehicle accident. Don’t assume that you’re just “shaken up.” The rush of adrenaline that follows a sudden and violent impact can mask symptoms of serious injuries, like brain trauma and internal injuries.
Never refuse or delay medical attention at the scene. Let the paramedics assess your condition. This is not the time to be stoic. If the medics want to take you to the hospital, let them transport you.
If you aren’t taken directly to a hospital from the scene, arrange to see your primary care provider, or go to the hospital emergency department or urgent care center as soon as possible.
Delaying medical attention gives the insurance company an excuse to deny your claim by asserting that your injuries are not from the accident.
4. Gather Evidence From the Scene
Any claims you make against the at-fault driver’s insurance policy must include evidence of fault. When police arrive at the scene, the officer will conduct a full investigation. The police crash report is important evidence of fault, especially when the other driver was ticketed for traffic violations.
Don’t risk your safety or aggravate injuries in order to gather additional evidence at the scene. Any evidence that can be gathered without risk of harm can be helpful.
Other types of evidence to support your claim:
- Photographs and video of the vehicles, the scene, and car damage
- Witness names and contact information
- Your notes and descriptions of the crash, passengers in other cars, and sequence of events
5. Notify Both Insurance Companies
Every auto policy has a notice and cooperation clause that requires drivers to notify their insurance company of an accident, even when the insured driver did not cause the accident. In Hawaii, injury claims must first be submitted to your own insurance company for payment from your Personal Injury Protection (PIP) coverage, no matter who caused the accident.
Notify the at-fault party’s insurance company of your intent to file an injury or property damage claim. Send your notice as soon as possible after the crash. You don’t have to be ready to discuss settlement. The company will usually acknowledge your notification by assigning a claim number.
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Hawaii Fault and Liability Rules
Hawaii is a no-fault state, meaning accident victims must first file a claim with their own Personal Injury Protection (PIP) coverage.
A legal exception is made for injuries serious enough to cross the no-fault threshold.
Injuries that cross the serious injury threshold include:
- Fatal injuries
- Disfigurement resulting in emotional distress
- A significant permanent loss of use of a part or function of the body
- Injuries with medical costs using $5,000 or more in PIP benefits
Hawaii is a modified comparative negligence state. You can file a serious injury claim against the other driver’s insurance company so long as you are equally or less to blame for the crash. However, your compensation will be reduced in proportion to your percentage of fault.
Example of Comparative Fault
Olivia was driving on King Street in Honolulu, nearing the intersection with Bishop Street. She had a green light, but sped up to get through the intersection before the light changed.
Liam was also traveling on King Street, coming from the other direction. As Liam approached the intersection on a green light, he proceeded to make a left turn onto Bishop, directly into the path of Olivia’s vehicle.
Both drivers were injured in the crash. Police ticketed Liam for making a left turn into oncoming traffic. The crash report also included a witness statement from the driver following Olivia’s car that Olivia had “gunned it” at the last minute before the crash.
The insurance company determined that Olivia was 25 percent to blame for the accident, because she was speeding through the intersection.
Olivia sought $20,000 in damages from Liam’s insurance company. After reducing her potential compensation by 25 percent, she was offered $15,000 to settle her injury claim.
Because Liam was 75 percent to blame, he had no standing to make an injury claim against Olivia or her insurance company.
Hawaii Car Accident Compensation
Compensation for a car accident in Hawaii may come from your own auto policy, the at-fault driver’s insurance company, or a combination of both.
Under Hawaii’s insurance laws, auto policies must include $10,000 in Personal Injury Protection (PIP) coverage to pay for injuries to the policyholder and their passengers, no matter who caused the accident.
PIP coverage does not pay for non-economic damages like pain and suffering.
Serious injury claims that exceed the no-fault threshold can be made against the at-fault party’s liability insurance. Claims against the at-fault driver’s policy can seek compensation for all your damages, including pain and suffering.
Serious injury and wrongful death claims should be handled by an experienced attorney to ensure the victim and their loved ones get maximum compensation.
Average Car Accident Settlements in Hawaii
The average injury settlement for a moderate car accident claim in Hawaii is $30,224, with average payouts ranging from $6,941 to $345,100.
Settlements and court awards can range from $595 for minor soft-tissue injuries up to $900,000 for injuries that left the victim totally disabled.
You can use our free Hawaii Personal Injury Claim Calculator to estimate your payout.
Injury settlements can vary widely, depending on the circumstances of the accident, the victim’s injuries, and the liability limits of the at-fault driver’s insurance policy.
Compare these two rear-end accident cases with low and high payouts:
- In Hawaii County, Kramer v. Ellett, 24890, a jury awarded $595 in economic damages to the victim for soft-tissue neck and back injuries. The plaintiff had prior accidents with similar injuries. The at-fault driver admitted rear-ending the victim’s car, but denied causing the victim’s injuries.
- Also in Hawaii County, Kienker v. Bauer, SCWC–25856, the jury awarded $374,000 for injuries suffered from being rear-ended by a tractor-trailer. The defendants admitted liability but asserted that the plaintiff was exaggerating her injuries.
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Factors that impact car accident compensation include:
- No-fault restrictions
- Liability coverage limits
- Scope and severity of injuries
- Shared fault
- Multiple-vehicle collisions
- Number of injured victims
- Fatalities
- Non-economic damages caps
Even when your injuries cross the no-fault threshold, the at-fault driver may not have enough insurance to cover your injuries, or there may be other victims competing for the same pool of funds.
In most types of personal injury cases. Hawaii law limits pain and suffering compensation to $375,000.
Hawaii State Minimum Insurance Requirements
Hawaii mandates all drivers to carry insurance no less than $20,000 per person/$40,000 per accident bodily injury liability and a $10,000 property damage liability.
Optional Insurance Coverage in Hawaii
Insurance companies selling auto policies in Hawaii are required by law to offer optional uninsured (UM) and underinsured (UIM) motorist coverage equal to their liability limits. The policyholder has the right to decline the optional coverage.
If you elected to purchase UM and UIM coverages, you can seek compensation from your own policy after an accident caused by an underinsured driver, a hit-and-run, or a driver with no valid insurance.
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