How Long Do I Have to File a Claim After a Car Accident?

Hawaii Statute of Limitations in Car Accident Cases

The Hawaii statute sets strict deadlines for when lawsuits can be filed. For most personal injury lawsuits, the two-year statute applies. This limitations period starts on the date the injury occurred, but there are exceptions. For example, if an injury is not immediately apparent, the clock may start when the injury is discovered.

If you do not file before the limitations deadline, your case can be dismissed regardless of how strong your evidence may be. This can leave accident victims without the ability to seek compensation for medical bills, lost income, or significant property damage.

It is important to understand that the law is strict. Courts enforce these deadlines, and insurance companies know how to use them to deny claims. Working with a Hawaii personal injury attorney can help ensure your legal claim is filed on time. At Recovery Law Center, we explain how the Hawaii car accident laws apply to your case and make sure your lawsuit or claim is submitted within the correct window.

How Does a Car Accident Settlement Work?

A settlement is an agreed-upon amount of compensation between you and the insurance company (or the insurance company of the other driver if you are able to file a lawsuit). Most car accident cases resolve in a settlement to avoid the costs and risks of trial. However, sometimes a trial is necessary to reach the best results possible.

In reaching a settlement, the insurance company will evaluate several factors to determine what they consider a fair payout. Some of these include:

• The severity of your injuries
• The long-term impact of the injuries on your life
• Your age
• Any pre-existing conditions
• Insurance policy limits

You should know that even though compensation may only come through your no-fault insurer, you will likely get a lowball first offer. That's because insurers rely on the fact that many people are unaware of the true value of their claims. By talking with a lawyer first, you are more likely to obtain the settlement you deserve.

If you are able to file a lawsuit, the court might order the parties to take part in a settlement conference. Settlements can be a good way to get a decent amount of compensation for your injuries without having to go through a lengthy trial.

At other times, a settlement might not get you the full compensation you need. The insurance policy for the person who caused the wreck might have limits on liability coverage that won't fully cover your losses, or their insurance company might not agree to a fair settlement. A knowledgeable motor vehicle accident lawyer can help determine how much compensation you should ask for and the best way for you to get the money you are owed.