Being involved in a car accident is stressful enough, but discovering that the other driver lacks insurance can add significant complexity to your claim. In Honolulu, where car accidents are a daily reality, having the right legal support is crucial to protect your rights and secure compensation for an auto injury in Honolulu. At Potts & Potts, our Honolulu car accident lawyers, with over 50 years of experience, are here to guide you through the challenges of dealing with an uninsured driver. This blog explains your options and how we can help you recover.
The Risk of Uninsured Drivers in Honolulu
Hawaii’s roads see thousands of car accidents each year, with around 150 fatalities annually. Unfortunately, some drivers operate without insurance, leaving victims of a Honolulu auto wreck at risk of uncovered medical bills, lost wages, and other damages. Hawaii’s no-fault insurance system requires all drivers to carry Personal Injury Protection (PIP) coverage, but not all comply. If you’re hit by an uninsured or underinsured driver, your own insurance policy and a skilled Honolulu car accident lawyer can make all the difference.
Options for Recovery When the Other Driver is Uninsured
If you’re involved in a car accident with an uninsured driver, you have several potential avenues for compensation:
- File a Claim Through Your Uninsured/Underinsured Motorist (UM/UIM) Coverage: Hawaii law requires insurance companies to offer UM/UIM coverage, which protects you if the at-fault driver has no insurance or insufficient coverage. This can cover medical expenses, lost wages, and even pain and suffering, depending on your policy.
- Pursue a Personal Lawsuit Against the Driver: You may sue the uninsured driver directly, but this is often challenging, as many uninsured drivers lack the financial resources to pay a judgment. A lawyer can assess whether this is a viable option based on the driver’s assets.
- Rely on Your PIP Coverage: In Hawaii’s no-fault system, your PIP coverage will cover initial medical bills and lost wages up to your policy limit, regardless of fault. However, PIP does not cover non-economic damages like pain and suffering, which may require a UM/UIM claim or lawsuit.
- Explore Other Insurance Policies: In some cases, other policies, such as your health insurance or the at-fault driver’s umbrella policy (if applicable), may provide additional coverage. A Honolulu car accident lawyer can investigate all possible sources of compensation.
Steps to Take After an Accident with an Uninsured Driver
To protect your claim, follow these steps:
- Call the Police: Ensure a police report is filed, documenting the uninsured driver’s involvement.
- Gather Evidence: Take photos of the scene, collect witness information, and note the other driver’s details.
- Notify Your Insurance Company: Report the accident to your insurer promptly to initiate a UM/UIM claim.
- Consult a Lawyer: An experienced attorney can negotiate with your insurance company to ensure you receive the full benefits of your UM/UIM coverage and explore other recovery options.
Why Choose Potts & Potts?
At Potts & Potts, Dennis Potts personally handles every case, leveraging his 50 years of experience and deep understanding of Hawaii’s legal system to achieve exceptional results. We’ve recovered millions for clients, including those hit by uninsured drivers, and operate on a no-fee-unless-we-win basis. Our team will thoroughly investigate your Honolulu auto wreck, negotiate with insurers, and, if necessary, pursue litigation to secure the compensation you deserve.
The Importance of Acting Quickly
Hawaii’s two-year statute of limitations applies to UM/UIM claims and lawsuits, so contacting a Honolulu car accident lawyer promptly is critical. Delays can weaken your case or result in missed deadlines. Potts & Potts will guide you through the claims process, ensuring all necessary documentation, such as medical records and police reports, is gathered to support your auto injury in Honolulu claim.
For a free consultation, call Potts & Potts at (808) 537-4575. Let our experienced Honolulu car accident lawyers help you navigate the complexities of an uninsured driver claim and fight for the justice you deserve.