Hawaii Personal Injury Attorney - Injured - Injuries
   

Hawaii Injury Lawyer
Injuries and Insurance

William Lawson- Accident Attorney Hawaii
 
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Insurance claims and Bad Faith

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Insurance Coverage for Injuries (the Injured)

Maui, Kauai and other Outer Island claims





Recent Personal Injury and Car Accident News and Cases related to Hawaii


On June 29, 2015, the Hawaii Supreme Court rendered its decision in the case of St. Paul Fire and Marine Ins. Co. v. Liberty Mutual Insurance, Hi. Sup. Ct. Case No SCCQ-14-0000727 (June 29, 2015). This case arose out of a wrongful death personal injury case handled by this office which resulted in a $4.1 million verdict in favor of our clients - even though Liberty Mutual, the primary liability insurer, never offered anything even close to its policy limits of $1 million. St. Paul - who had to pay our clients everything recovered in excess of the initial $1 million - claimed that Liberty Mutual committed bad faith towards it by failing to settle within its $1 million policy limits. The Hawaii Supreme Court agreed and found that an excess insurer has claims for bad faith against a primary insurer.

 

 

 

Types of Personal Injury Insurance Coverage for Injuries (the Injured)

Liability
Auto PIP Benefits
Auto Collision
Auto Comprehensive
Uninsured Motorist
Underinsured Motorist

Liability:

This type of insurance protects you from claims made against you. If an accident is your fault and you have caused damage or injruries to others, your liability insurance is available to compensate the injured parties.

Hawaii Personal Injury Attorney - Injured

Automobile liability insurance generally includes coverage for both bodily injruries and property damage. There are usually separate limits stated for these two categories of coverage. These auto coverages are mandatory under Hawaii law. That means, if you are required to purchase auto insurance, you must buy liability coverage for both bodily injruries and property damage.

Premises liability insurance includes, for example, homeowners' insurance, business owners' insurance, tenants' liability insurance, and other forms of insurance for accidents related to particular real property. Premises liability insurance generally includes some coverage for both: (1) activities occurring on the particular real property in question and (2) the negligent conduct of the purchaser of the policy for activities- whether or not connected to the real property. Most such policies have a no-fault coverage to pay the medical expenses (up to a fixed $$ limit) of anyone actually injured on the property. This is called medical premises liability coverage. The premises liability insurance generally provides coverage both for bodily injruries and for property damage. There are usually separate limits stated for the various categories of coverage.

Activity liability insurance includes, for example, special event insurance, certain types of business owners' insurance, product liability insurance, league insurance for recreational activities, malpractice insurance policies, employers' liability insurance, dive instructors' insurance and other forms of insurance for accidents related to particular activities or conduct. Activity liability insurance generally includes some coverage for both: (1) the conduct of individuals in the corporation or organization running the activity and (2) participants in the activity even if not part of the organizational structure. Generally only actionable negligent conduct is insured by these policies (as for almost all liability insurance). Occasionally some such policies have a no-fault coverage to pay the medical expenses (up to a fixed $$ limit) for anyone actually injured in the activity. This is much rarer than in the case of premises liability policies. A typical activity liability insurance policy generally provides coverage both for bodily injruries and for property damage. There are usually separate limits stated for the various categories of coverage.


Auto PIP Benefits:

Hawaii Personal Injury Attorney - Injured

Since January 1, 1998, under Hawaii law, Personal Injury Protection (sometimes known as "No Fault" or "PIP") has become a basic no-fault type of medical insurance. The minimum coverage required by Hawaii law is $10,000.00. (This does not apply to motorcycles, however.) Regardless of who is at fault for an accident, the PIP insurer is responsible to pay the reasonable and necessary medical bills of an owner or occupant of an automobile who is injured and in need of treatment (with certain exceptions). If you exhaust your PIP limit of coverage, then any excess medical bills can be submitted to your health insurance. PIP is mandatory coverage in Hawaii.


Auto Collision Coverage:

This coverage pays you for any damage done to your vehicle. It typically is purchased with a deductible. This means that you must pay up to the amount of your deductible and then your insurance will cover the excess to repair your Hawaii Personal Injury Attorney - Injured car. If the accident was not your fault, your insurance company should demand your deductible back from the responsible party and then return the deductible to you. Many carriers have failed to return deductibles in the past. Collision insurance carriers may also be responsible for the reduction in the resale value (even after repairs) of a car which has been involved in an accident. This coverage is optional under Hawaii law.


Auto Comprehensive Coverage:

This coverage provides protection if your vehicle is stolen or damaged in a variety of ways other than in an accident with another vehicle. It may have a deductible. This coverage is optional under Hawaii law.


Uninsured Motorist (UM) Coverage:

This coverage protects you and your resident family members in case you or one of them are injured by an uninsured driver. In Hawaii there are a large number of uninsured drivers on the road. You should purchase this coverage in the largest limits available. This coverage is cheap and—when purchased with UIM coverage in the same limits—it provides you with an umbrella protection for injuries due to someone else's negligence while operating a motor vehicle. This is not a good place to skimp. UM coverage can generally be purchased in amounts up to the limits of your liability coverage. You should purchase at least $100,000.00/$300,000.00 limits. If you are injured by an uninsured driver, this may be the only recovery available to you (beyond your PIP medical benefits). The difference in price for larger UM limits is usually not very much. The additional protection is well worth the price. Do not waive this coverage.


Underinsured Motorist (UIM) Coverage:

This coverage protects you and your resident family members in case you or one of them are injured by a underinsured driver. This is a driver whose liability insurance is inadequate to satisfy your total claim arising out of an accident. In Hawaii there are many accidents in which the party at fault is underinsured. You also should purchase UIM coverage in the largest limits available. UIM coverage is cheap- just like UM coverage- and- when purchased with UM coverage in the same limits- they will together provide you with umbrella protection for injuries which you may suffer due to someone else's negligence while operating a motor vehicle. UIM coverage can generally be purchased in amounts up to the limits of your liability coverage. You should once again purchase at least $100,000.00/$300,000.00 limits. If you are injured by an underinsured driver, this may provide critical protection to assist you in putting the pieces of your life back together. The difference in price for larger UIM limits is usually quite small. The additional protection is well worth the price. Do not waive this coverage.

Contact Hawaii Personal Injury Attorney now for a free evaluation of your case.

 

 

Hawaii Personal Injury Attorney

William Lawson, Esq.
Century Square
1188 Bishop St. Suite 2902
Honolulu, HI 96813

New client hotline:
(808) 524-5300

Main business phone:
(808) 528-2525

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