Lawyers, Answer Questions  & Get Points Log In
Hawaii Car Accidents Questions & Answers
1 Answer | Asked in Personal Injury and Car Accidents for Hawaii on
Q: I got hit by a truck at his fault while I'm walking in Hawaii. He doesn't have an insurance and has not responding

How can I make him to pay for my medical bills caused by him?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 23, 2022

If you have UM coverage then it might be best to see if your UM policy will cover you, as well as your health insurance and/or medical payments coverage. Also, I would contact an injury/accident lawyer in Hawaii ----most will provide a free initial consult and you might receive some additional... Read more »

1 Answer | Asked in Personal Injury and Car Accidents for Hawaii on
Q: Do I have a right to access toxicology report of I am the victim of an accident? How can I get his insurance to pay?

I was not at fault. The person who caused the accident was killed in the accident. His insurance isn't paying yet. I cannot get insurance settlement until prosecutor investigates case. What can I do to get records of the accident so that I can move forward. I have no car and no rental car. Do... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jul 21, 2022

If you do not have a lawyer representing you then please immediately hire one. When the insurance company does not cooperate with you, then you need someone to fight for you and protect your rights and that is a lawyer.

1 Answer | Asked in Car Accidents for Hawaii on
Q: Hit empty parked car; parked in a no parking area. Dropped off kids returned, wrote note, and waited. Their unlicensed.

Minor damage on back bumper. I took my kids to school and returned to find owner. The driver of parked car has no license. She says her husband has a license and will finish work at 230p. Pictures were taken and she took her kida to school. I didn't see the car, but assumed there is no car... Read more »

Mark Simonds
Mark Simonds
answered on Mar 23, 2022

Aloha, being that this occurred 3 weeks ago, the urgency has most likely passed. That said, you do have a duty to report most serious accidents that occur in or along Hawaii's public roadways. As the person whose car you struck was not operating the vehicle at the time, it is unlikely... Read more »

1 Answer | Asked in Car Accidents for Hawaii on
Q: What can be done about a victim who is not responding to a defendant’s efforts to pay owed restitution?

Restitution is owed for damage to a vehicle. The defendant’s insurance company has been trying to reach the victim for nearly 6 months to schedule an appraisal and get pictures of the damage, but the victim is not providing the necessary information.

Mark Simonds
Mark Simonds
answered on Feb 12, 2022

An insurance company will hold a claim open, usually for a few years, but if the claimant abandons it, then the matter is closed. Was this a traffic crime case? If so, the District Court may take no further action at some point. Feel free to reach out to me if you have any other questions.

1 Answer | Asked in Car Accidents for Hawaii on
Q: I hit an illegally parked car in a handicap spot who is responsible
Mark Simonds
Mark Simonds
answered on Feb 12, 2022

You are responsible if you acted intentionally, knowingly, recklessly, or negligently with respect to the operation of your vehicle. Accidents happen. However, if the operator of the other car parked in a manner that was a contributing factor to the collision (ex. Out of stall, obstructing a... Read more »

1 Answer | Asked in Car Accidents for Hawaii on
Q: A commercial vehicle was parked in a unmarked stall and reversed into my car as I parked

The commercial vehicle where it was parked isn't a loading or unloading zone, basically a unmarked area.

As I proceeded to reverse my car into a marked stall the commercial vehicle started reversing as well, my car was basically 80% in the stall until it hit my front right of my car.... Read more »

Tim Akpinar
Tim Akpinar
answered on Apr 2, 2021

A Hawaii attorney could advise best, but your post remains open for two weeks. In most jurisdictions, it would be difficult to pin all liability on one party or the other in these types of settings, with both vehicles in reverse in a parking lot setting. Some of the options before you include going... Read more »

1 Answer | Asked in Car Accidents and Traffic Tickets for Hawaii on
Q: I had an accident with a revoked license should I have a lawyer to aid me in this matter?
Peter N. Munsing
Peter N. Munsing
answered on Feb 25, 2021

Very definitely. Look for an attorney who handles traffic citations. If the crash wasn't your fault you have a claim for your injuries and should contact a member of the Hawaii Trial Lawyers Association--they give free consults.

Pomaika'i !

1 Answer | Asked in Car Accidents and Traffic Tickets for Hawaii on
Q: I had an accident with a revoked license should I have a lawyer to aid me in this matter?
Tim Akpinar
Tim Akpinar
answered on Mar 9, 2021

A Hawaii attorney should advise you here, but your post remains open for two weeks, and it's likely that time is of the essence in what you need to do. Some states treat driving without a valid license as a misdemeanor - only a Hawaii attorney could advise there. But at least find out the... Read more »

1 Answer | Asked in Car Accidents for Hawaii on
Q: my daughter bumped into a parked car while backing out of a driveway. She panicked and kept driving.

the owner was in the car. Came to our house and told us what had happened. We called our daughter and she came back. She has autism and was scared. There was a dent on our car but nothing on the parked car. She apologized to the owner. Police gave her a citation to appear in court. What can she... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Apr 23, 2020

A lot depends on what the charge is. If it's for a minor "failure to pay attention" then pay the fine and move on.

If it's for leaving the scene, that can be serious and it's worth at least consulting an attorney who handles traffic court if that's where it's headed.

1 Answer | Asked in Car Accidents for Hawaii on
Q: Suing a parking garage for damages to my car as a result of failure to maintain a traffic control device.

I was driving into the Hale Pauahi public parking garage on 155 N. Beretania St, Honolulu, and my car hit a triangular piece of metal that was installed as a traffic control device. The metal object was the exact same color as the wall and it had scratches and markings that made it practically... Read more »

Tim Akpinar
Tim Akpinar
answered on Jan 29, 2020

You could possibly have a case. More information would be needed to make a more meaningful assessment. Keep in mind that as a general rule, claims involving public entities in many jurisdictions require compliance with notice of claim statutes. This means that in addition to a statute of... Read more »

1 Answer | Asked in Car Accidents for Hawaii on
Q: What reasons would warrant jail time for a hit and run?

I was driving without my license and hit a parked vehicle. No one was injured but both my vehicle and the other vehicle suffered damages. I did not stop and proceeded my house 3 blocks down to retrieve my wallet and wanted to calm down before I headed back to see the owners of the vehicle. After... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Dec 4, 2019

You can make a claim that while you technically left the scene you were in the viscinity getting your ID etc. If you left a note on the vehicle you could fight the ticket. Make sure your insurance covers it and a judge may let you off as you agree you did it, went to get your insurance... Read more »

1 Answer | Asked in Car Accidents for Hawaii on
Q: I was hit by a van that wrecked my car. He was covered by Far mers Insurance. They refuse to help me because they can't

Contact their client. Can I sue Farmers for not fixing my car. They just ignore me

Tim Akpinar
Tim Akpinar
answered on Nov 19, 2019

You could do that, or you might be able to go through your carrier in a first-party claim, depending on your policy. If your policy covers the loss, your carrier could then pursue damages through the other driver's policy (provided that liability is conceded by Farmers - which seems to be an... Read more »

2 Answers | Asked in Car Accidents, Civil Litigation and Insurance Defense for Hawaii on
Q: Is the owner of a motor vehicle liable for damage caused by an insured driver of that vehicle?

Here the driver is insured under the policy and hits a pedestrian causing serious bodily injury in excess of the $20,000 uninsured motorist coverage. The owner of the vehicle was not present at the accident. The owner of the vehicle lent the vehicle to the driver and put the driver on the insurance... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Oct 22, 2019

I would argue that they are not, but their insurance is--in most states the owners insurance is primary.

But in most states for you to be personally responsible other things have to be shown.

View More Answers

1 Answer | Asked in DUI / DWI, Personal Injury and Car Accidents for Hawaii on
Q: Can I sue someone for a hit and run in Hawaii where its a no fault state when they fled the scene after hitting us?

We were making a left hand turn on a green light when a car came out of nowhere and ran a red light at a speed of at least 50mph. They T-boned our car and we spun out before bouncing off of a pole on the other side of the street and then finally coming to a stop. I and my sister had to be extracted... Read more »

Tim Akpinar
Tim Akpinar
answered on May 26, 2019

Contact a personal injury in Hawaii immediately. You have probably already notified your own insurance carrier; have your attorney place them on notice of an uninsured motorist claim. It sounds like it was a busy post-accident scene that involved a police response, as there were EMTs. Your attorney... Read more »

1 Answer | Asked in Car Accidents for Hawaii on
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... Read more »

Tim Akpinar
Tim Akpinar
answered on Jun 17, 2019

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... Read more »

1 Answer | Asked in Car Accidents and Personal Injury for Hawaii on
Q: Got into a bike accident where a car side swiped me on the sidewalk. 2 years since it happened and got carpal tunnel and

Damaged nerves. Worker is offering a settlement of $15,000. Does that sound right?

Peter N. Munsing
Peter N. Munsing
answered on Mar 2, 2018

You need a consult from an experienced attorney. John O'Neill in Maui gives free consults. Give him a call and tell him I suggested you call.

1 Answer | Asked in Car Accidents, Criminal Law and Small Claims for Hawaii on
Q: Hit a pedestrian with car. Police say it’s her fault. My car is wrecked. Can I take legal action for my car?

This happened in Hawaii. A pedestrian was under the influence of drugs and walking in the middle of the highway at night. I hit her with my car. The police report states that I am not at fault. She was injured and taken to the hospital. My insurance will pay her medical, because that’s what’s... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Dec 26, 2017

You can only go after her for the value of the vehicle. Presumably that was the collision that paid off the loan. If she had insurance that's all you can go after her for. Realistically, if she was on drugs in the middle of the road, do you think she will have money to pay for any judgment you get?

1 Answer | Asked in Car Accidents and Traffic Tickets for Hawaii on
Q: My son was driving my car and hit a empty parked car but left the scene. He was ticketed for leaving the scene

He lives out of state and has a court date; does he have to return or can an attorney speak for him with him being present in court?

Peter N. Munsing
Peter N. Munsing
answered on Nov 3, 2017

The attorney can find out from the judge but it'll look way better if he comes back as the whole thing happened because he left. As they say the "optics" are bad if he can't be there. The attorney can try to rearrange the date or time so that it's first thing Monday or Last... Read more »

1 Answer | Asked in DUI / DWI and Car Accidents for Hawaii on
Q: can I sue the driver who got arrested with a dui and a hit and run

The total loss for my car was 14862 I still owed 4600 so with the balance I will not be able to buy a car like I had unless I get a newer car and a bigger monthly payment

Peter N. Munsing
Peter N. Munsing
answered on Jun 24, 2017

If you were injured contact a member of the Hawaii Trial Lawyers Association--they give free consults. Attorney Richard Kawana in Honolulu (on Maui ask for John O'Neill ) may be able to help you if you were injured--you can give him my name.

If you weren't hurt and you want...
Read more »

1 Answer | Asked in Car Accidents, Traffic Tickets and Civil Rights for Hawaii on
Q: Hrs 286-207 exemptions certain vehicles. Part 8

Does this mean I don't have to register,license, and insure my automobile? Thank you

Peter N. Munsing
Peter N. Munsing
answered on Apr 8, 2017

You are missing something. The DMV doesn't agree with you. http://www.dmv.org/hi-hawaii/motorcycle-registration.php

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.