If you have been seriously injured in a moped or pedestrian accident in Hawaii you should consider hiring a moped or pedestrian accident lawyer in Hawaii right away and getting the advice of an experienced motor vehicle accident attorney! Here at Hawaii Injury Lawyer | Attorney we have been representing the victims of serious injuries and wrongful death resulting from truck accidents, bus accidents and other motor vehicle accidents for over 25 years.
Moped and Pedestrian Accidents- minimum insurance coverages when a Motor Vehicle is involved
Hawaii is a “no fault” state. As a result, in Hawaii all drivers of motor vehicles are required by law to maintain minimum insurance coverages applicable to their vehicle under Hawaii law. As of the writing of this website, mopeds were not generally required to carry minimum insurance coverages. However, most larger motor vehicles are required to do so.
Hence, at present if you are on a moped or you are a pedestrian and you are injured in a motor vehicle accident with another vehicle, there are generally supposed to be minimum coverages on the other vehicle and these minimums are supposed to be available to help to protect you from your losses. The minimums differ for depending upon the particular vehicle involved.
No Fault (PIP) coverage is a basic medical coverage which provides payment for medical expenses (up to the stated policy limit) arising out of a motor vehicle accident. The description of No Fault (PIP) coverage is found on the following webpage:
Deadlines to file Moped or Pedestrian Accident claims in Hawaii
The deadline for filing a lawsuit in court in Hawaii to make claims for injuries arising out of a motor vehicle accident is generally two years from the date of the accident. It should be noted, however, that there are exceptions to this rule- for example, claims against the City and County of Honolulu and the various other Counties must be filed with the appropriate agency within six (6) months of the date of the accident. For some claims the deadline is extended by statute to two years from the date of the last no fault, worker’s compensation or public assistance benefit payment related to the accident, if such payments are made. You must file your claims in court prior to the expiration of such deadlines, or your claims may be lost—regardless of their merit. To be wise it is recommended that you immediately contact an attorney after an accident giving rise to injuries occurs. Please do not hesitate to :
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General information about Moped or Pedestrian Accident claims in Hawaii
If you have suffered injuries or loss as the result of a moped or pedestrian accident in Hawaii, you will probably want to obtain and fill out a No Fault (Personal Injury Protection) benefits application form from the insurance company for the motor vehicle with which you were most closely connected (the motor vehicle that impacted you if you were a pedestrian or on a moped or bicycle). No Fault (PIP) usually provides medical coverage for injuries arising out of the use, maintenance or operation of a motor vehicle in Hawaii and it may also provide various other coverages (wage loss, substitute services, funeral benefits, etc.)
In Hawaii at present you generally must have at least a certain amount in medical expenses actually paid by the No Fault (PIP) insurer – $5,000 (1/1/98 on) – before you can recover for pain, suffering, mental anguish, loss of enjoyment of life, wage loss in excess of that paid by No Fault (PIP) and various other losses caused by a motor vehicle accident. However, there are also a few other situations in which recovery for these additional losses may be possible. These situations include (1) accidents arising out of conduct for which punitive damages could be awarded, (2) accidents resulting in death, (3) accidents causing permanent loss of use of a part or function of the body, (4) accidents giving rise to permanent serious disfigurement which causes mental suffering, and (5) accidents in which the No Fault (PIP) benefits are exhausted and a few other situations.
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