Individuals who are involved in a car accident in Oahu need to understand that Hawaii is a no-fault state. What exactly does this mean for a person when they are injured? How will this affect their case and their obtaining compensation for the injuries sustained and more?
What Does No-Fault Mean?
A person involved in a car accident in the state of Hawaii must first turn to their personal insurance carrier to obtain compensation for their injuries, property damage, and more. The state does not take into consideration who was responsible for the accident at this time, which is why it is referred to as no-fault. As a result, in accidents that result in minimal damage or injuries, the case is completely resolved by the individual’s personal insurance. That does not mean a person is without recourse, however, in certain situations.
When Does This Rule Not Apply?
In the event a person is injured and the expenses are beyond what their personal injury protection coverage will pay, a liability claim and/or personal injury lawsuit may be filed. The same is true when a person finds they suffer a serious or permanent disfigurement that brings about emotional or mental distress. Individuals who suffer a significant loss of a body function or part and this loss is permanent may also file a claim and/or lawsuit.
How Much Compensation May Be Obtained?
Another thing individuals involved in a car accident in Oahu need to understand is how fair compensation is determined. Hawaii is likewise a modified comparative negligence state. What this means is the injured party may obtain compensation upon filing a claim or lawsuit, but if he or she has any responsibility with regard to the accident, the amount of compensation will decrease in relation to the amount of responsibility assigned to him or her. This amount is negotiated as part of the settlement process.
If you are in need of a car accident attorney in Oahu, contact Randal Yoshida and Associates (Autoaccidentattorneyhonolulu.com). This firm handles cases of this type regularly and fights to ensure clients are treated fairly throughout their case. Contact the firm today to schedule an appointment. They will be of great help during a difficult time.
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