Use this auto accident claims guide to build a clear demand letter for Honolulu.
Honolulu Auto Accident Rights: Your Complete Guide to Navigating Insurance Claims in Hawaii
Auto accidents on Oahu's busy roadways can leave victims facing not only physical injuries but also the daunting task of navigating Hawaii's unique insurance system. From fender-benders on the H-1 freeway to serious collisions on Kamehameha Highway, understanding your rights after an accident is essential to recovering fair compensation. This comprehensive guide is designed specifically for Honolulu drivers, explaining Hawaii's no-fault insurance system and your options for pursuing additional damages when injuries are serious.
Hawaii operates under a no-fault auto insurance system, making it different from most mainland states. Under this system, your own insurance company pays for your medical expenses and lost wages regardless of who caused the accident, up to your policy limits. This system is designed to provide quick compensation without the need to prove fault, but it also limits your ability to sue the other driver in many cases. Understanding when you can step outside the no-fault system and pursue a claim against the at-fault driver is crucial for maximizing your recovery.
For Honolulu residents specifically, the high cost of vehicle ownership and the importance of reliable transportation on an island where public transit has limitations makes accident recovery particularly important. Whether you commute daily on the H-1, drive through busy Waikiki, or navigate neighborhood streets in Kailua or Pearl City, you need to know what to do when an accident occurs and how to protect your right to compensation.
This guide covers Hawaii's no-fault insurance requirements, when you can pursue claims against at-fault drivers, how to document your accident and injuries, and the process for filing claims and demand letters. You will learn the specific deadlines that apply in Hawaii, the types of damages you may recover, and how to navigate both the insurance claims process and potential litigation. Whether your accident was minor or severe, this guide provides the knowledge you need to pursue fair compensation.
Hawaii Auto Insurance Laws: Understanding the No-Fault System
Hawaii's auto insurance system operates under a no-fault framework that differs significantly from traditional fault-based systems. Understanding this framework is essential for Honolulu drivers pursuing accident claims.
Mandatory No-Fault Insurance
Hawaii Revised Statutes Chapter 431, Article 10C establishes the Motor Vehicle Insurance Law. Under this law, all registered vehicles in Hawaii must carry Personal Injury Protection (PIP) coverage. The minimum required PIP coverage is $10,000 per person per accident. This coverage pays for your own medical expenses and lost wages regardless of who caused the accident. It is designed to provide quick compensation without fault determination.
What PIP Covers
Your PIP coverage pays for reasonable and necessary medical expenses, 80 percent of lost wages up to the policy limit, and in some cases funeral expenses. PIP coverage applies to you and your passengers, regardless of who was at fault. It also covers you if you are struck as a pedestrian or while riding a bicycle. The coverage activates immediately after an accident without waiting for fault determination.
Limitations of the No-Fault System
The trade-off for quick, no-fault compensation is a limitation on lawsuits. Under HRS Section 431:10C-306, you cannot sue the at-fault driver for pain and suffering unless your injuries meet certain thresholds. This tort threshold requires that your injuries result in death, significant permanent loss of a bodily function, permanent and serious disfigurement, or medical expenses exceeding the PIP limits.
When You Can Sue the At-Fault Driver
If your injuries meet the tort threshold, you may step outside the no-fault system and sue the at-fault driver for damages including pain and suffering, emotional distress, loss of enjoyment of life, and medical expenses exceeding your PIP coverage. This is where understanding fault determination becomes important, as you must prove the other driver's negligence caused your injuries.
Liability Insurance Requirements
In addition to PIP, Hawaii requires liability insurance to cover damages you cause to others. The minimum liability limits are $20,000 per person for bodily injury, $40,000 per accident for bodily injury, and $10,000 per accident for property damage. These minimums are relatively low, and many accidents involve damages exceeding these limits. Uninsured and underinsured motorist coverage becomes important when the at-fault driver has insufficient coverage.
Uninsured and Underinsured Motorist Coverage
Hawaii law requires insurers to offer uninsured motorist (UM) and underinsured motorist (UIM) coverage. While not mandatory to purchase, this coverage protects you if you are hit by a driver without insurance or with insufficient coverage. Given Hawaii's minimum liability limits, UIM coverage is particularly valuable for serious accidents.
Negligence and Fault Determination
When pursuing a claim against the at-fault driver, Hawaii follows a modified comparative negligence rule under HRS Section 663-31. You can recover damages if you were less than 51 percent at fault for the accident. Your recovery is reduced by your percentage of fault. If you were 51 percent or more at fault, you cannot recover damages from the other driver.
Property Damage Claims
Property damage claims (damage to your vehicle and personal property) are not covered by PIP and are handled separately. You can file a claim with your own collision insurance or pursue the at-fault driver's property damage liability coverage. Property damage claims are based on fault and are not subject to the no-fault restrictions on lawsuits.
Bad Faith Insurance Claims
Hawaii recognizes claims against insurance companies for bad faith handling of claims. If your insurer unreasonably denies, delays, or underpays your claim, you may have a bad faith claim entitling you to additional damages beyond the policy limits.
Step-by-Step Guide to Handling an Auto Accident Claim in Honolulu
Successfully navigating an auto accident claim in Hawaii requires following proper procedures from the moment of the accident through final resolution. These steps are tailored for Honolulu drivers.
Immediately after an accident, check for injuries and move to a safe location if possible without obstructing traffic. Call 911 if there are injuries or significant damage. Even for minor accidents, obtaining a police report is valuable documentation. The Honolulu Police Department will respond to accidents with injuries or substantial damage. For minor accidents without injuries, you may need to file a report at the nearest police station.
Exchange information with all involved drivers including names, addresses, phone numbers, driver's license numbers, license plate numbers, insurance company names and policy numbers, and vehicle descriptions. Do not admit fault or apologize for the accident, as this can be used against you later. If there are witnesses, get their contact information as well.
Photograph everything extensively. Take photos of all vehicles from multiple angles showing damage, the accident scene including street signs, traffic signals, and road conditions, any visible injuries, skid marks and debris, and weather and lighting conditions. Video can also be valuable. The more documentation you create at the scene, the better your position in any later dispute.
Even if you feel fine, seek medical evaluation within 24 to 48 hours. Some injuries, particularly soft tissue injuries, may not be immediately apparent. Medical documentation links your injuries to the accident. Follow all recommended treatment and keep records of every medical visit, test, and prescription.
Notify your own insurance company promptly, as required by your policy. Hawaii's no-fault system means your PIP coverage handles your initial medical expenses and lost wages. Provide factual information about the accident but be cautious about recorded statements or signing broad authorizations.
Submit your PIP claim to your own insurer. Provide medical bills and records, documentation of lost wages including pay stubs and employer verification, and proof of other covered expenses. Your insurer should pay covered expenses promptly up to your policy limits.
Maintain comprehensive records of all accident-related expenses and losses. This includes medical bills and explanations of benefits, prescription costs, lost wages with documentation, vehicle repair estimates and bills, rental car expenses, and out-of-pocket costs. Keep a journal documenting your pain levels, limitations, and how injuries affect your daily life.
Assess whether your injuries meet Hawaii's tort threshold allowing you to sue. If your medical expenses exceed your PIP limits, you have permanent injury or serious disfigurement, or you have suffered significant permanent loss of bodily function, you may pursue a claim against the at-fault driver for additional damages including pain and suffering.
If you are eligible to pursue the at-fault driver, send a formal demand letter to their insurance company. The letter should describe the accident and establish fault, detail your injuries and treatment, itemize all damages including medical expenses, lost wages, and pain and suffering, state your total demand amount, and set a deadline for response, typically 30 days. Include copies of supporting documentation.
The insurance company will likely respond with a lower offer. Negotiate based on your documented damages. If negotiations fail, consider whether to file a lawsuit. For claims up to $5,000, Hawaii small claims court is an option for property damage claims. For personal injury claims exceeding the tort threshold, consult with a personal injury attorney about filing in regular court.
For serious injuries or complex claims, consulting with a Honolulu personal injury attorney is advisable. Many work on contingency, meaning no fee unless you recover. An attorney can handle negotiations, navigate Hawaii's no-fault complexities, and pursue litigation if necessary.
Essential Evidence for Hawaii Auto Accident Claims: Building Your Case
Strong evidence is crucial for both PIP claims and potential claims against at-fault drivers. Comprehensive documentation from the moment of the accident through your recovery builds the foundation for maximum compensation.
Scene Documentation
Photograph the accident scene thoroughly before vehicles are moved if safe. Capture vehicle damage from every angle, street layout, lane markings, and signage, traffic control devices, road conditions including potholes or debris, weather and lighting conditions, and skid marks and debris patterns. Wide shots establish context while close-ups show detail. Video walking around the scene can capture more than still photos.
Police and Accident Reports
Obtain a copy of the police report from the Honolulu Police Department. Reports can be requested online through the HPD Records Section or in person. The report contains the officer's observations, statements from parties and witnesses, citations issued, and a preliminary assessment of fault. Review the report for accuracy and dispute any errors through proper channels.
Witness Information
Collect contact information from all witnesses at the scene. Later, obtain written statements describing what they observed. Witness accounts can be crucial when fault is disputed. Independent witnesses (not passengers of involved vehicles) carry particular weight.
Medical Documentation
Medical records are essential for injury claims. Keep complete records of emergency room visits and hospitalization, follow-up physician appointments, specialist consultations, physical therapy and rehabilitation, diagnostic tests and imaging, prescriptions and medications, and medical equipment and supplies. Request copies of all medical records and itemized bills. Medical documentation establishes both the nature of your injuries and their connection to the accident.
Lost Wage Documentation
To support lost wage claims, gather pay stubs showing your regular income, employer verification letter confirming time missed and wages lost, tax returns if self-employed, documentation of any reduced earning capacity, and records of sick or vacation time used for recovery. Calculate both past lost wages and potential future wage losses if injuries affect your long-term earning ability.
Property Damage Evidence
For vehicle damage claims, obtain repair estimates from at least two reputable shops, photographs of all damage before repairs, the final repair invoice if repaired, valuation documentation if the vehicle was totaled, and records of any personal property damaged in the vehicle.
Insurance Documentation
Maintain copies of your insurance policy declarations page showing coverages, all correspondence with your insurer, claim numbers and adjuster contact information, explanation of benefits for PIP payments, and any coverage disputes or denials.
Pain and Suffering Evidence
For claims against at-fault drivers that include pain and suffering, document the impact on your life. Keep a pain journal recording daily pain levels and limitations. Photograph visible injuries throughout healing. Document activities you can no longer enjoy. Get statements from family members about changes they observe. Mental health records if you sought treatment for accident-related anxiety or depression are also relevant.
Organization System
Create an organized filing system for all accident-related documents. Maintain chronological order within categories. Make copies of everything and store in multiple locations. Create a summary document listing all evidence and damages for easy reference during negotiations or court proceedings.
Critical Deadlines for Auto Accident Claims in Hawaii
Hawaii law establishes specific deadlines that auto accident victims must observe. Missing these deadlines can severely limit or eliminate your ability to recover compensation.
PIP Claim Filing Deadline
Your PIP policy requires timely notification of claims. While specific deadlines vary by policy, most require you to notify your insurer promptly after the accident. Medical expenses should be submitted as they are incurred. Review your policy for specific deadlines and comply to avoid claim denial.
Statute of Limitations for Personal Injury Claims
The statute of limitations for personal injury claims in Hawaii is two years from the date of the accident under HRS Section 657-7. If you fail to file a lawsuit within this period, you permanently lose your right to sue. This deadline applies to claims against at-fault drivers for injuries exceeding Hawaii's tort threshold. Do not wait until near the deadline; evidence degrades and witnesses become harder to locate.
Statute of Limitations for Property Damage Claims
Property damage claims (damage to your vehicle) have a longer statute of limitations of six years under HRS Section 657-1. However, pursuing property claims promptly while evidence is fresh is advisable.
Deadline for Minor Plaintiffs
If the injured person is a minor (under 18), the statute of limitations does not begin running until they turn 18. However, parents or guardians can file claims on behalf of minors before that time, and doing so promptly is usually advisable.
Government Entity Claims
If your accident involved a government vehicle or was caused by a road defect for which a government entity is responsible, special notice requirements apply. Under HRS Chapter 662, you must file a claim with the appropriate government entity before suing. Deadlines for these notices are much shorter, often 180 days from the accident. Consult an attorney immediately if a government entity may be liable.
Insurance Company Response Deadlines
Hawaii's Unfair Claims Settlement Practices Act requires insurance companies to acknowledge claims within 15 days, provide necessary claim forms within 15 days of request, and accept or deny claims within a reasonable time after proof of loss is provided. If your insurer violates these requirements, document the delays as potential bad faith.
Demand Letter Response Time
When you send a demand letter to the at-fault driver's insurer, set a reasonable response deadline, typically 30 days. If they do not respond or offer an inadequate settlement, you can proceed with filing a lawsuit.
Critical Action Timeline
Report to your insurer immediately or within days of the accident. Seek medical attention within 24 to 48 hours. Obtain the police report within one to two weeks. Submit PIP claims as expenses occur. Determine tort threshold eligibility within months as treatment progresses. Send a demand letter when you reach maximum medical improvement and understand full damages. File suit well before the two-year statute of limitations expires.
Common Mistakes to Avoid in Honolulu Auto Accident Claims
Avoiding these common errors can significantly improve your recovery after a Honolulu auto accident.
Not Understanding Hawaii's No-Fault System
Many accident victims do not understand that Hawaii's no-fault system works differently from traditional auto insurance. They expect to immediately sue the at-fault driver when in fact their own PIP coverage handles initial medical expenses. Understanding when you can and cannot pursue the other driver is essential to navigating the system effectively.
Failing to Seek Prompt Medical Attention
Delaying medical treatment creates problems for your claim. Insurance companies argue that if you did not seek treatment promptly, your injuries must not be serious or were caused by something other than the accident. See a doctor within 24 to 48 hours even if you feel fine initially. Some injuries manifest days after an accident.
Giving Recorded Statements Without Preparation
Insurance adjusters may ask for recorded statements. While you must cooperate with your own insurer per your policy, be cautious. Statements can be used to minimize your claim. You are not required to give recorded statements to the other driver's insurer. If you do provide statements, stick to facts and avoid speculation or admissions.
Accepting the First Settlement Offer
Insurance companies often make low initial offers hoping you will accept before understanding your full damages. Particularly if you are still treating, you may not know your total medical expenses or long-term impacts. Do not accept settlement offers until you reach maximum medical improvement and understand the full extent of your injuries and expenses.
Not Documenting Everything
Insufficient documentation weakens your claim. Photograph the scene, keep all medical records and bills, document lost wages, and maintain a journal of your pain and limitations. The more documentation you have, the stronger your position in negotiations or court.
Posting on Social Media
Insurance companies monitor social media for evidence that undermines claims. Photos showing you active and smiling can be used to argue your injuries are not serious. Avoid posting about your accident, injuries, or activities during your claim. Adjust privacy settings but recognize that determined investigators may still access posts.
Missing Deadlines
The two-year statute of limitations for personal injury claims is absolute. Missing it permanently bars your lawsuit. Other deadlines for PIP claims, government claims, and insurance notifications are also critical. Mark all deadlines on your calendar and act well before they expire.
Not Understanding Your Insurance Coverage
Many drivers do not fully understand their own coverage. Review your policy to understand your PIP limits, whether you have UM and UIM coverage, your collision and comprehensive coverage, and any medical payments coverage beyond PIP. Knowing your coverage helps you maximize recovery from available sources.
Handling Complex Claims Without Legal Help
For minor accidents with clear liability and limited damages, self-representation may work. But for serious injuries, disputed liability, or complex coverage issues, attempting to handle the claim yourself often results in lower recovery. Personal injury attorneys who work on contingency cost you nothing upfront and typically increase net recovery even after their fee.
Settling Too Quickly
Rushing to settle before understanding your full damages often leaves money on the table. Future medical needs, long-term wage impacts, and permanent injury effects may not be apparent immediately. Wait until your treatment is complete and you understand the full picture before accepting final settlement.
Frequently Asked Questions About Auto Accidents in Hawaii
Hawaii's no-fault system requires all drivers to carry Personal Injury Protection (PIP) insurance. After an accident, your own PIP coverage pays your medical expenses and lost wages regardless of who caused the accident, up to your policy limits (minimum $10,000). This provides quick compensation without proving fault. However, it also limits your ability to sue the at-fault driver for pain and suffering unless your injuries meet Hawaii's tort threshold (death, permanent injury, serious disfigurement, or medical expenses exceeding PIP limits). Property damage claims are handled separately based on fault.
You can sue the at-fault driver for pain and suffering and other damages if your injuries meet Hawaii's tort threshold. The threshold is met if your injuries result in death, significant permanent loss of a bodily function, permanent and serious disfigurement, or medical expenses exceeding your PIP limits. If your injuries do not meet this threshold, you are limited to PIP benefits from your own insurer for medical expenses and lost wages. You can always pursue property damage claims against the at-fault driver regardless of injury severity.
The statute of limitations for personal injury claims in Hawaii is two years from the date of the accident under HRS Section 657-7. If you do not file a lawsuit within this period, you permanently lose your right to sue. Property damage claims have a longer six-year deadline. For claims against government entities, you must file an administrative claim within 180 days before you can sue. Do not wait until near these deadlines; start the process early to preserve evidence and allow time for negotiation.
First ensure safety and call 911 if there are injuries. Exchange information with other drivers including names, insurance information, and license plate numbers. Document the scene thoroughly with photographs and video. Get contact information from witnesses. Seek medical attention within 24 to 48 hours even if you feel fine. Report the accident to your insurance company. Obtain a copy of the police report. Keep records of all medical treatment and expenses. Do not admit fault or give recorded statements to the other driver's insurer without consulting an attorney.
Claim value depends on many factors including the severity of injuries, medical expenses, lost wages, and impact on your life. PIP covers up to $10,000 in medical expenses and lost wages from your own insurer. If you can pursue the at-fault driver, additional damages may include medical expenses exceeding PIP, future medical costs, lost earning capacity, pain and suffering, emotional distress, and loss of enjoyment of life. Property damage claims cover vehicle repair or replacement and damaged personal property. Each case is unique, and consulting with a personal injury attorney can help you understand your claim's potential value.
Your own uninsured motorist (UM) coverage protects you if the at-fault driver has no insurance. If you have UM coverage, you can file a claim with your own insurer for damages the uninsured driver would have been liable for. This can include compensation for injuries exceeding your PIP limits and pain and suffering. Hawaii requires insurers to offer UM coverage, though drivers can decline it. If you do not have UM coverage and the at-fault driver is uninsured, your options for recovery beyond PIP are limited to suing the driver personally, which may be difficult if they have no assets.
For minor accidents with clear liability and limited injuries that do not exceed PIP, you may handle the claim yourself. However, for serious injuries, disputed liability, complex coverage issues, or any claim exceeding the tort threshold, consulting with a personal injury attorney is advisable. Most personal injury attorneys offer free consultations and work on contingency, meaning no fee unless you recover. Studies show that represented accident victims typically recover more even after attorney fees. An attorney can navigate Hawaii's no-fault complexities, deal with insurance companies, and pursue litigation if necessary.
Fault is determined by examining which driver violated traffic laws or failed to exercise reasonable care. Evidence considered includes police reports and citations, witness statements, physical evidence from the scene, vehicle damage patterns, and expert reconstruction in complex cases. Hawaii follows modified comparative negligence, meaning you can recover damages if you were less than 51 percent at fault, but your recovery is reduced by your percentage of fault. If you were 51 percent or more at fault, you cannot recover from the other driver. For PIP claims, fault does not matter; your own insurer pays regardless.
What to Expect When Resolving Auto Accident Claims in Honolulu
Understanding realistic outcomes helps you navigate the auto accident claims process with appropriate expectations. Settlement dynamics in Hawaii are influenced by the no-fault system and practical factors specific to island claims.
Most PIP claims process relatively smoothly because fault is not at issue. Your insurer should pay covered medical expenses and lost wages up to your policy limits without prolonged dispute. If your insurer unreasonably delays or denies PIP payments, this may constitute bad faith. PIP claims typically resolve within weeks to months as you submit medical bills and lost wage documentation.
Property damage claims are based on fault and handled separately from PIP. If the other driver was clearly at fault, their insurer typically handles your vehicle damage claim. Expect adjusters to assess the damage and compare repair costs to vehicle value. If repair costs exceed the vehicle's value, it will be declared a total loss. Disputes may arise over valuation, but property damage claims often resolve within weeks.
If your injuries meet Hawaii's tort threshold, you can pursue the at-fault driver for additional damages. These claims take longer to resolve because you should wait until you reach maximum medical improvement to understand your full damages. Initial settlement offers from liability insurers are typically low. Expect negotiation and be prepared to provide documentation supporting your demand. Serious injury claims may take months to years to resolve.
Settlement amounts vary enormously based on injury severity, available coverage, and liability clarity. Minor injury claims that barely exceed the tort threshold might settle for tens of thousands of dollars. Moderate injuries requiring significant treatment and causing lasting effects may warrant settlements in the mid-five to low-six figures. Severe or permanent injuries can result in settlements of hundreds of thousands or more, limited by available insurance coverage. Each case is unique.
Insurance adjusters are trained to minimize payouts. Expect initial offers well below your demand. Counter with documented justification for your demand amount. Be prepared for back-and-forth negotiation. Having strong documentation of damages strengthens your position. If the insurer knows you are represented by an attorney and willing to go to trial, they may offer more to settle.
If settlement negotiations fail, litigation may be necessary. Most personal injury cases settle before trial, but the credible threat of trial motivates better settlements. Hawaii juries can be sympathetic to injured plaintiffs but also skeptical of exaggerated claims. Verdicts can be higher or lower than settlement offers depending on how the evidence presents. Litigation takes time and has costs beyond attorney fees, but may be necessary for fair compensation in serious cases.
PIP claims typically resolve in weeks to months. Property damage claims often settle within weeks. Injury claims against at-fault drivers should not be settled until treatment is substantially complete, often six months to two years post-accident. Litigation adds time; expect one to three years from filing to trial, though most settle before trial.
Honolulu Auto Accident Resources
These resources assist Honolulu residents with auto accident claims.
Honolulu Police Department Records Section
Obtain accident reports and police documentation. Phone: (808) 723-3874. Location: 801 South Beretania Street, Honolulu, HI 96813. Reports can also be requested online through the HPD website. Accident reports are essential documentation for insurance claims.
Hawaii Insurance Division
Regulates insurance companies and handles consumer complaints. Location: 335 Merchant Street, Room 213, Honolulu, HI 96813. Phone: (808) 586-2790. Website: cca.hawaii.gov/ins. File complaints if insurers unreasonably deny or delay claims.
Hawaii District Court - Honolulu
Venue for small claims up to $5,000 and regular civil cases. Location: 1111 Alakea Street, Honolulu, HI 96813. Phone: (808) 538-5629. Small claims is useful for property damage disputes. Personal injury claims typically go to regular court.
Hawaii Circuit Court
Handles larger civil cases including serious personal injury claims. Location: 777 Punchbowl Street, Honolulu, HI 96813. Phone: (808) 539-4300. For claims over $40,000 or complex injury cases.
Hawaii State Bar Association Lawyer Referral Service
Connects accident victims with personal injury attorneys. Phone: (808) 537-9140. Website: hawaiilawyerreferral.com. Many personal injury attorneys offer free consultations and work on contingency.
Legal Aid Society of Hawaii
Provides free legal services to qualifying low-income individuals. Main Office: 924 Bethel Street, Honolulu, HI 96813. Phone: (808) 536-4302. Website: legalaidhawaii.org. May assist with auto accident claims for eligible clients.
Hawaii State Judiciary Self-Help Center
Assists self-represented parties with court procedures. Location: 1111 Alakea Street, Honolulu, HI 96813. Phone: (808) 539-4909. Can help with small claims forms and procedures.
Mediation Center of the Pacific
Offers mediation services for accident disputes. Location: 245 North Kukui Street, Suite 206, Honolulu, HI 96817. Phone: (808) 521-6767. Mediation can resolve disputes faster than litigation.
National Highway Traffic Safety Administration
Provides vehicle safety information and recall notices. Website: nhtsa.gov. Check if vehicle defects contributed to your accident.
Hawaii Department of Transportation
Report road hazards or defects that may have contributed to accidents. Phone: (808) 587-2160. Document any road condition issues that caused or contributed to your accident.
The Insurance Checkmate Strategy
Documentation is Your Weapon
Police reports, photos, medical bills, repair estimates… gather everything.
Time is Money (Literally)
Most states have deadlines for insurance responses. Know them.
Calculate Everything
Property damage, medical bills, lost wages, pain and suffering… don't miss a thing.
The Insurance Company's Playbook
Many states have 'bad faith' laws that penalize insurance companies for unreasonable delays or lowball offers.
Hawaii Auto Accident Claims Laws
Applicable Laws
- Hawaii Revised Statutes § 431:10C
- No-Fault Insurance Law
Small Claims Limit
$5,000
Consumer Protection Agency
Hawaii Insurance Division
Insurance Battle FAQ
When should I send a demand letter?
Once you understand your full damages and the insurance company's offer is clearly inadequate. Wait until medical treatment is complete if injuries are involved.
What if they still lowball me?
Document everything, escalate to a supervisor, file a complaint with your state insurance commissioner, or consult a personal injury attorney.
Should I accept their first offer?
Almost never. First offers are typically low. They expect negotiation. Counter with documented evidence of your actual damages.
What damages can I claim?
Vehicle repairs or replacement, medical bills, lost wages, rental car costs, and potentially pain and suffering for injuries.
How long do I have to file a claim?
Statute of limitations varies by state, typically 2-6 years. But delayed claims are harder to prove. File as soon as possible.
What if the other driver is uninsured?
Check if you have uninsured motorist coverage. You may also sue the driver directly, though collecting may be difficult.
Do I need a lawyer for auto claims?
For minor fender-benders, probably not. For injuries, significant damage, or disputed liability, legal help often increases your recovery.
About FreeDemandLetter
FreeDemandLetter provides free, AI-powered demand letter generation with location-specific legal citations. Our content is reviewed by subject matter specialists and regularly updated to reflect current laws. We help thousands of people resolve disputes effectively—but we're not lawyers, and this isn't legal advice. For complex situations, consult a licensed attorney in your jurisdiction.
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