Navigating Insurance After a Serious Injury
After a serious accident in Hawaii, multiple insurance policies may come into play — and dealing with insurance companies can be one of the most challenging aspects of an injury claim. Insurers have experienced claims adjusters and defense lawyers working to minimize what they pay you. You need an experienced advocate on your side.
Types of Insurance Coverage in Hawaii
No-Fault / Personal Injury Protection (PIP)
Hawaii is a no-fault state for auto insurance. This means that after a car accident, your own personal injury protection (PIP) coverage pays for certain medical expenses, regardless of who was at fault. However, for serious injuries that exceed the tort threshold, you may have the right to step outside the no-fault system and make a claim against the at-fault driver's liability insurance.
Liability Insurance
The at-fault party's liability insurance is typically the primary source of compensation for serious injury claims. In car accidents, homeowner and business premises cases, and numerous other accident claims, liability coverage pays for the injured victim's damages — up to the policy limits.
Uninsured and Underinsured Motorist Coverage (UM/UIM)
If the at-fault driver has no insurance or insufficient insurance to cover your damages, your own uninsured/underinsured motorist coverage may provide important additional compensation. These claims often require careful legal handling.
Medical Payments Coverage (MedPay)
Some policies include medical payments coverage that can help pay medical bills regardless of fault.
Dealing With Insurance Companies
Insurance companies are businesses. Their goal is to resolve claims for as little money as possible. Common tactics include requesting recorded statements, making early lowball settlement offers, and disputing the severity of injuries. It is generally advisable to consult with an attorney before giving any statement to an insurance adjuster.
If you are unsure of what you are doing, you may not want to accept a settlement without legal advice. Once you sign a release, you generally cannot recover additional compensation later — even if your injuries turn out to be more serious than initially thought. You may want to contact Injury Lawyer Hawaii before settling, if you are uncertain about a settlement offer that you have received for your serious personal injury claim.