How to seek compensation after a Hawaii car accident. Learn about damages, no-fault injury claims, and factors that impact your payout.
In Hawaii, car accident compensation may come from your own auto policy, the at-fault party’s insurance company, or a combination of both.
This accident compensation guide explains different types of car accident damages, how to estimate your claim value, who pays for different types of losses, and important factors that will affect your final payout.
Types of Personal Injury Damages
There are two main categories of compensatory damages in car accident claims:
- Economic Damages – Also called called “special” damages, these are measurable and verifiable financial losses.
- Non-economic Damages – Also called “general” damages, these are subjective, non-monetary losses often categorized as “pain and suffering.”
Economic damages can include:
- Medical treatment costs – Your injury claim should include all medical treatment expenses, including the ambulance bill, doctor and hospital fees, imaging studies, lab work, surgery, follow-up visits, and physical therapy, even if health insurance pays for your care.
- Out-of-pocket medical expenses – Save receipts from your over-the-counter and prescribed medications, bandages, and mobility aids, like crutches or a neck brace.
- Transportation costs – Keep track of your carfare to and from medical appointments, or mileage and parking fees when using a private car, even if a family member is driving.
- Replacement services – Replacement services are tasks like lawn maintenance, pet walking, or child care you would normally do yourself that had to be hired out because of your injury. Always get an invoice from the service provider.
- Lost income – Lost income includes time away from work because of your injuries, vacation or sick leave you had to use, and opportunities for overtime or bonuses you lost. Ask your employer for verification of lost wages. Self-employed workers can use profit and loss statements, copies of work agreements, and tax records to show their income prior to the accident.
- Personal property damage – This includes damaged or lost clothing, jewelry, personal electronics, eyeglasses, backpacks, and more. Provide receipts, photographs, and any other proof you have of the damaged items. Save unwashed torn and bloody clothing in a labeled bag until your case is resolved.
Non-economic damages can include:
- Pain and suffering– The actual physical pain and suffering that is the proximate result of a physical injury sustained by a person
- Emotional distress – Fear, grief, anxiety, depression, PTSD, and other emotional trauma experienced by someone injured in an auto accident
- Loss of enjoyment of life – How a severe injury impacts the victim’s quality of life, like losing the ability to participate in activities the victim enjoyed before the accident
- Loss of consortium – Loss of the injured victim’s support, companionship, and affection experienced by the person’s spouse or other immediate family members
How Much is a Hawaii Car Accident Claim Worth?
Car accident settlements in Hawaii always include compensation for reasonable medical expenses and lost wages. Additional compensation for non-economic damages is only available for serious injury claims.
Average Payout by Severity of Injury:
- Minor Injury: $6,941
- Moderate Injury: $30,224
- Severe Injury: $345,100
Our analysis of actual Hawaii car accident payouts includes injuries ranging from minor soft-tissue injuries to disabling neck and back injuries.
Hawaii No-Fault Auto Insurance
Because Hawaii is a no-fault insurance state, you must first file an injury claim with your own insurance company, no matter who caused the crash. Auto policies in Hawaii 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.
Vehicle damage claims can be made against the at-fault driver’s Property Damage Liability coverage, with no threshold or restrictions.
Compensation for Serious Injury Claims
Hawaii law allows claims against the at-fault driver’s liability coverage when the victim’s injuries are serious enough to exceed the no-fault threshold.
Types of injuries that exceed the No-Fault threshold include:
- Death
- Permanent loss of use of a part or function of the body
- Permanent and serious disfigurement
- Qualified medical expenses equal to or exceeding $5,000
Serious injury claims should include compensation for future medical expenses, loss of future income, and non-economic damages.
Non-economic damages for serious injuries can be high because of the increased pain and suffering, and the impact severe injuries have on the victim and their loved ones. Always consult with an experienced personal injury attorney for a serious injury case.
5 Steps to Getting an Injury Settlement
Most car accident claims are settled out of court by your insurer or the at-fault driver’s insurance company.
All car accident insurance settlements follow the same general steps:
- Provide Notice: Contact both insurance companies to notify them of your intent to seek compensation for damages.
- Collect Evidence: You’ll need evidence of your injuries, even with a no-fault claim. If you are filing a claim against the other driver, you’ll also have the burden of proving fault.
- Demand Compensation: After calculating the value of your claim, you will send a settlement demand packet to the insurance company.
- Engage in Negotiations: After the demand is made, you or your attorney will negotiate a compromised settlement with the insurance adjuster.
- Finalize the Settlement: The insurance company will provide a Settlement and Release document based on the terms of your agreement. After signing and returning the Settlement and Release, you can expect the check to be mailed within a couple of weeks.
Factors that Affect Hawaii Injury Settlements
The primary factor in any personal injury case is the severity and scope of injuries. In Hawaii, you can’t claim non-economic damages unless your injuries exceed the no-fault threshold.
Other factors that will influence your total compensation include:
- Shared Fault – Hawaii is a modified comparative negligence state. You can’t file an injury claim against the other driver if you are 51 percent or more to blame for the crash. If you are 50 percent or less to blame for the crash, your compensation will be reduced by your percentage of fault.
- Auto Policy Limits – Hawaii mandates all drivers carry insurance no less than $20,000 per person and $40,000 per accident in bodily injury liability, and $10,000 in property damage liability. These minimum limits won’t be enough to cover some severe injury claims.
- Uninsured Motorist Coverage – Hawaii law requires insurance carriers to offer uninsured motorist coverage (UM) and underinsured motorist coverage (UIM). If you choose to purchase this coverage, you will have an additional source of compensation for serious injuries caused by someone with no insurance or not enough insurance.
- Multiple Claimants – The bodily injury liability coverage carried by an at-fault driver may not be enough to go around when multiple victims are seriously injured.
- Venue and Jurisdiction – Adjusters know the Hawaii courts where juries are more likely to give large awards to car accident victims. The adjuster may offer you a better settlement to keep your case out of court in these jurisdictions.
- Non-Economic Damage Caps – Hawaii limits pain and suffering compensation to $375,000 for most personal injury cases, even when a jury wants to award more.
- Priority Liens: Liens that must be paid from your settlement proceeds before you get a check include past-due child support or spousal support, insurance liens (from Medicare, Medicaid, the VA, private health care insurers, or workers’ compensation), and medical liens from doctors or hospitals.
How Much is Your Injury Claim Worth?
Find out now with a FREE case review from an attorney…