Some states have a limit to the total amount of damages a person can claim after an accident, but Hawaii is not one of them. Luckily for those who get into a collision in Hawaii, there is no legal cap to the amount of settlement they can demand after getting into an accident. Of course, their claim must be relevant to the amount of damage they suffered, but they are allowed to claim as much as they need to help them recover from their losses without having to worry about any sort of legal restrictions stopping them from gaining their compensation.
Common damages made in Hawaii car accidents are:
- Pain and suffering
- Auto repair
- Auto replacement
- Medical bills
- Loss of wages
- Loss of a loved one and loss of companionship
- Wrongful death
Since Hawaii is a no-fault state, drivers must claim their losses from their own insurance company as opposed to claiming it from the company of the other driver. However, if a person was severely injured and they faced a permanent loss of a limb or any other bodily function, they can file a claim and even a lawsuit against the other driver.
It is important to keep in mind that since Hawaii is a modified comparative negligence state, a person can only claim damages from the other party if the other party was more at fault for the accident then they were.
How much time do I have after a car accident in Hawaii to file a claim?
Though there is no financial limit to the total amount of damages a person can claim, there is a limit to how much time a person must file their claim. In Hawaii, a person has up two years after the date of the car accident to file a legal complaint against the other driver and request settlement. If they fail to follow this two-year rule then their application will almost certainly be overlooked in Ahuimanu, Hawaii, and the accused driver will be able to escape any penalties by simply stating the statute of limitations was exceeded.
It is always best for a person to file their accident claim as early as possible because filing right away not only ensures the other driver is available to discuss compensation but also increases the chances of the proper evidence still being valid for preservation and presentation in front of a court. Anyone who faced serious injuries after aa accident should not waste time and they should get in touch with an accident lawyer as soon as possible.