After a car crash, the insurance process can feel confusing. Insurers usually move fast and they use certain set methods to value your claim. If you understand how they look at fault, injuries, and evidence, you can protect your rights and avoid mistakes that could cost you money.
Liability under Hawaii’s no-fault and negligence rules
Hawaii uses no-fault PIP for medical benefits, but fault still matters when you cross the threshold to pursue a claim against the at-fault driver. Adjusters review police reports, traffic citations, photos, and witness statements to decide who caused the crash. They apply Hawaii’s modified comparative negligence rule. If you carry 50% or less of the fault, you can recover, but the insurer reduces your recovery by your share of fault.
Injury severity and the PIP threshold
Hawaii requires Personal Injury Protection that pays your medical bills up to your policy limit, often at least $10,000. To pursue pain and suffering from the at-fault driver, your injury must meet Hawaii’s threshold. You need over $5,000 in medical expenses or a qualifying injury like significant permanent loss of a body function or disfigurement. Adjusters check records, imaging, and provider notes to see if you meet the threshold.
Damages and documentation
Insurers total up special damages like medical bills and lost wages, then weigh general damages like pain, limitations, and how long you suffered. They scrutinize treatment gaps, prior injuries, and social media. Strong, consistent medical records, clear wage proof, and photos of injuries raise claim value. Missed appointments, delayed care, or inconsistent stories lower it.
The importance of legal representation
Facing insurance providers can be challenging and sometimes overwhelming. With the proper legal guidance, you can overcome this tough time. A skilled attorney can help prove your damages and pursue the full recovery that Hawaii law allows.