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Hawaii Car Accidents Questions & Answers
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.

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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 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 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

1 Answer | Asked in Car Accidents and Personal Injury for Hawaii on
Q: If accident location is HI but an out of state policy is applicable to the claim, do the Hawaii Statutes override policy

Washington policy with Hawaii loss. Need to confirm that Hawaii Revised Statutes override the policy provisions. Ex: can we apply the 30 day chiro/naturopathy/acupuncture limitations within the statute even though there is no limitation within the Washington policy, since the loss happened in the... Read more »

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

Generally the contract will be governed by the law of the place of the contract; Hawaii law would govern questions of liability and damages. However, you will need a Hawaii crash attorney. If it's Maui I suggest John O'Neill; tell him I suggested you call--he'll give you a free... Read more »

1 Answer | Asked in Traffic Tickets, Car Accidents, Military Law and Small Claims for Hawaii on
Q: Someone is accusing me and my fiancé of crashing into their car. We weren't there and they have no actual proof.

They are posting it everywhere on Facebook and getting people to attack us. The person who crashed into their parked car left a note and the number isn't my fiancé but somehow brought them to his Facebook account. What should we do?

Peter N. Munsing
Peter N. Munsing answered on Feb 2, 2017

Notify your insuance to be on the safe side. Have an attorney draft a cease and desist letter. They can also give you a couple of short sentences you can respond to. If they aren't getting a rise out of you, sooner or later they will find something else.

1 Answer | Asked in Car Accidents for Hawaii on
Q: What constitutes an abandoned vehicle?
Adam Studnicki
Adam Studnicki answered on Nov 13, 2015

See if the applicable statutes or your State's case law include a definition.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation....
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1 Answer | Asked in Car Accidents for Hawaii on
Q: I was in a car accident in Hawaii and do not have insurance. Do I need a lawyer for the first appearance in court ?

I was given three tickets. No registration, insurance, and fleeing. but I did not flee I walked to the end of the block to give a friend the street name. I am not a resident of Hawaii and not sure what to do ?

Adam Studnicki
Adam Studnicki answered on Jul 31, 2015

Best to contact a Hawaii traffic ticket lawyer and see if they can appear for you or otherwise assist.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal...
Read more »

1 Answer | Asked in Car Accidents for Hawaii on
Q: If you get into a accident in the state of hawaii, and you are uninsured can they suspend your license?
Terrence Rubino
Terrence Rubino answered on Jul 27, 2011

i am unfamiliar with hawaii law. however most states have a financial responsibility law which requires financial responsibility ( insurance ) when you operate a car. if a wreck occurs and you don't have insurance, typically your driver's license is suspended until to have resolved the... Read more »

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