Legal Question in Personal Injury in Hawaii

Re: how to prove that the person who is filing a claim deserves money that they

The fact that your friend has insurance means that he/she has at least $20,000.00 in liability coverage which should be sufficient to cover most minor vehicle injury cases. Please keep in mind that the demand for $50,000.00 is likely the initial amount that the claimant is asking for and this amount is likely much higher than the actual value of the claim (assuming minor injuries given that it took 2 years to accumulate enough bills to satisfy the $5,000.00 tort threshold). Your friend should ask the insurance representative how many exchange of offers have occurred. If the $50,000.00 is the first and only offer from the claimant so far and if the claimant has no disc injury nor had any surgery, then the claim probably is likely worth less than $20,000.00. The fact that there was little property damage to your friend's vehicle is one factor that may help to show that the claimant's injuries may not be too serious. Furthermore the fact that there is no wage loss claim also may indicate that the claimant's injuries are minor as the person can continue working. Your friend should ask the insurance representative to inform her of all offers back and forth so that he/she can gauge the true value of the claim. Your friend should also find out if the claimant had any prior or subsequent injuries and accidents. This is important because this is one way that your friend can reduce his/her personal exposure. For example, let's say that the claimant had another accident just 6 months before this accident and was still treating for injuries from that accident when this accident occurred. In that case, the value of this claim will be "apportioned" (divided) between the two accidents, thereby lessening the amount that your friend may be liable for. There is also a "covered loss deductible" that reduces the value of the claim by the amount of the claimant's medical bills. I hope this helps you.