Kamuela, HI asked in Car Accidents for Hawaii

Q: I drove into a main road from a public driveway and a car going too fast sideswipped my car.

On July 27 2018, I turned onto a main roadway to go north from a public driveway and a driver who were coming from a hill top curve (south) around 35-40mph side swooped my car. The speed limit in that area is 25mph. After assessing damages, I verified my insurance policy which showed good through August 6 2018. I contacted my insurance company to make a claim and was informed that our insurance had just been cancelled due to non-payment. I didn't even know that it was cancelled as I thought it was on automatic payment. So we paid that day to make sure we had the insurance in place but was told by our insurance company that it will not take affect until the following day.

Now we have the other drivers insurance company telling us we need to pay 6500 for damages because we didn't have insurance. We mentioned the accident occurred due to driver speeding but they refuse to acknowledge that as being part of the case. Any advice? What should we do?

Thank you.

Related Topics:
1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Personal Injury Lawyer
  • Little Neck, NY

A: See if you could arrange a quick consultation with a Hawaii accident attorney to give the file a once-over. Unfortunately, you were entering a main road and without evidence in terms of video images, skid marks, eyewitness testimony, it could be difficult to support your assertions about the speed of the other vehicle. However, a good attorney could at least review the file to see if anything could be salvaged to help you, whether a quick review of communications resulting in loss of coverage or any possible evidence from the vicinity or vehicles that might support your version of events.

Tim Akpinar

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.