Legal Question in Insurance Law in Hawaii

Re: moped accident

Please call or write and I will answer your questions. Regards, T.J. Lane

Re: moped accident - threshold, PIP benefits & PI claims

Thank you for your inquiry. I will provide a brief explanation & I will be available to provide more information in the future

if it looks like you will reach threshold.

Hawaii is a no-fault jurisdiction with a $5,000 medical expense threshold

(in a typical case) before a personal claim can be pursued. This means that usually unless you reach $5,000 in related medical payments after your car accident- you will probably be

unable to make a successful claim (except for PIP benefits and the damage to your moped) against the other driver who caused your accident

(or his/her insurance). Other ways

of meeting this threshold include- death; an injury which consists -in whole

or in part- in a significant permanent loss of use of a part or function of

the body; permanent and serious disfigurement which subjects the injured person to

mental or emotional suffering, etc.- but these come up much more rarely. Note that, if you make threshold, you may be able to make a recovery even if the at fault driver cannot be identified.

There should be no fault coverage - $10,000 PIP medical coverage - available

through the insurance on the vehicle with which you collided (even if they were not at fault). This coverage will

pay (in accordance with the work comp medical fee schedule) for

treatment arising out of the MVA without regard to who was at fault.

Due to space limitations I cannot post much of the other information that I would like to tell you. Please email me and I can send you more information by email. You can also check out my website at http://www.caraccidentattorneyhawaii.com

and click on the Moped and pedestrian accidents - Hawaii link in the left margin.

Please be aware that there are deadlines which apply to the filing of your

claims/case. In this case, the deadline is probably two (2) years from the

date of the accident - or two years from the date of the last

PIP medical benefit payment made to your medical care providers - whichever

is later. If you do not meet these deadlines, the claims may be lost,

regardless of their merit. Please act accordingly.

For the next couple of days, I am out of my office travelling on the mainland. If you wish to contact me, you may try my cell phone. Please email me and I will give you that number. I cannot post it here since it is not allowed by lawguru.

Aloha,

Bill Lawson

Email: [email protected]