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.

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1 Lawyer Answer

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

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