A car accident in Hawaii can instantly disrupt your life with high medical bills and lost wages. Hawaii uses a no-fault auto insurance system, which means the policy of your vehicle, or the one you occupied, pays for your medical treatments regardless of who caused the crash.
However, a serious crash can easily exceed standard policy limits. State laws place strict boundaries on your right to seek additional compensation from a negligent driver. The following details explain how these rules impact your case.
Your personal injury protection covers immediate medical bills
Your auto insurance policy includes personal injury protection. This coverage is often called PIP benefits. Hawaii law requires every driver to carry a minimum of $10,000 in PIP coverage. This money pays for necessary medical services and rehabilitation.
PIP benefits apply to a specific set of individuals:
- You and any passengers in your vehicle
- Pedestrians struck by your vehicle
- Bicyclists involved in the collision
Your insurance company pays these medical bills directly to your healthcare providers. Even if you have other health insurance, PIP coverage is primary, meaning it should be charged first, so make sure to give your provider the identity of the PIP insurer and the claim number. This coverage helps you receive immediate care without a wait for an investigation into who caused the crash.
You must meet a medical threshold to sue for your injuries
Hawaii limits lawsuits for minor car accidents. To sue the at-fault driver, your injuries must meet specific legal standards. You can pursue a claim if your case fits one of these categories:
- Your medical expenses reach or exceed the statutory limit of $5,000 in PIP payouts.
- The accident results in a serious and permanent loss of a body function.
- The crash causes permanent and severe scarring or disfigurement.
When your injuries satisfy these standards, you can pursue compensation for your pain, emotional distress and lost income.
No-fault insurance does not cover your property damage
The no-fault label applies exclusively to bodily injuries and medical expenses. It does not apply to vehicle repairs or property destruction.
If another motorist crashes into your car, that driver is responsible for the vehicle damage. You can file a claim against their auto insurance to pay for vehicle repairs or a replacement.
Protect your rights after a Hawaii car accident
No-fault rules and lawsuit limits can make your recovery complicated. Insurance adjusters often try to limit payouts or argue that your injuries do not meet the legal baseline.
Speaking with a local personal injury attorney can help you navigate these complex rules. They can also help review your medical records and secure the full compensation you deserve.