Despite strict laws requiring drivers to carry auto insurance for personal injury protection, property damage and other car accident-related losses, nearly 10% of Hawaiian drivers choose to go without.
When these uninsured drivers cause a car accident, victims are often left wondering who will cover the cost of damages. Unfortunately, without proper coverage or sufficient information, the answer is almost always "no one." To ensure this is not the case for you or a loved one, turn to a personal injury lawyer who will help when an uninsured driver causes an injury.
Though no-fault insurance often mitigates issues that uninsured or underinsured drivers cause, Hawaii drivers still have a need for uninsured motorist and underinsured motorist coverage. Both UM and UIM are optional and affordable forms of insurance that could substantially benefit you should the need for either arise.
Uninsured motorist coverage is a rider policy paying for expenses that exceed your policy limits and that arise from a car accident with an uninsured driver. If you need monetary support beyond what your standard car insurance policy offers, you would typically file a claim against the other driver's policy.
However, if he or she is uninsured, your next best option would be to simply file a claim against your own UM policy, assuming you have one.
Say the other driver did have insurance, but his or her policy was for the minimal amount and insufficient to cover the cost of your damages. In this case, you would first file a claim against your standard policy. Once you maxed out that policy, you would then file a claim against the other driver's policy. If you require more support beyond those two policies, you could then file a claim against your UIM policy for up to its limit.
As uninsured motorists in Hawaii make up close to 10% of the total population, you have about a one in 10 chance of being in a car accident with an uninsured driver. This fact alone should be enough incentive to want to purchase a UM/UIM rider.
In addition, consider the following benefits of obtaining both types of coverage:
These, along with peace of mind, are the top benefits of obtaining UM/UIM coverage.
Another great thing about uninsured and underinsured motorist policies is that benefits are not limited to drivers or vehicle occupants. If necessary, you can also rely on these policies for support after the following types of accidents:
Standard car insurance policies typically will not kick in for these types of accidents.
Following a car accident in which you sustain significant injuries and property damage, it is always a good idea to consult with an auto accident lawyer. This is particularly true in Hawaii, which follows no-fault car insurance rules.
Though states adopt no-fault car insurance laws to simplify accident cases, such laws often complicate matters, especially in cases involving substantial damages. When damages exceed one's own policy, victims have the right to seek additional compensation from the at-fault party's insurance company.
Because claims against another driver's policy are atypical in Hawaii, insurers hesitate to pay them. In such situations, having a car accident lawyer by your side pays.
A car accident attorney also comes in handy when the other party to your accident was driving without insurance in Hawaii. If your damages exceed your policy limits, you may wish to recover the remaining amount from the other driver. However, if they lack insurance, you cannot place a claim. In this situation, your attorney can help you explore your options and advise you on how to recover compensation.
Many drivers opt out of both an uninsured and underinsured motorist rider policy. If you have done so, recovering compensation beyond your standard policy may prove difficult. However, it is not impossible.
Though you should certainly consult with an uninsured motorist accident lawyer before pursuing legal action against an uninsured driver, know that filing a lawsuit is an option. If successful, you may receive an uninsured motorist settlement or award for the damages you claim, including the following:
However, because uninsured or underinsured drivers often lack resources or assets, it would be in your best interests to partner with an experienced car accident attorney before taking legal action.
Choosing the right Honolulu accident attorney to handle your case on auto accidents involving an uninsured motorist is crucial for several reasons:
Policy limits for both UM and UIM vary exponentially. However, at a minimum, you must purchase $20,000 per person if you want to obtain such coverage.
Hawaii does not require drivers to carry UM/UIM coverage. It does, however, require insurers to offer it and for drivers to reject the coverage in writing.
Aside from the added cost of such policies, there are no pitfalls to obtaining either type of insurance. Even the added cost is minimal, at just a few extra dollars each month.
Car accidents can result in costly and life-changing injuries and damages. Typically, you can recover damages from your own and the at-fault driver's insurance policies.
At Recovery Law Center, we understand the complexities of such cases and are dedicated to advocating for your rights and helping you with the best course of legal action. Our legal team will work tirelessly to ensure you receive the compensation you deserve for your injuries and damages.
If those policies are insufficient, you may be able to file a claim against a UM/UIM policy. If you do not have either, entrust your case to a skilled uninsured motorist accident lawyer. Don't face this challenging situation alone. Schedule a consultation with our experienced Honolulu car accident lawyer to help you with the legal process and ongoing recovery.
