Maui Hawaii Auto Accident Attorneys
Tateishi & Pascual
In Hawaii, motor vehicle accidents occur frequently on our roads due to negligence. Many involved are seriously injured and need assistance to stabilize the roller coaster of events that arise immediately after an accident happens, which demand their attention. Such demands include providing information to investigating police officers, making claims with their medical and automobile insurance companies, resolving damages to their vehicle or finding a rental or replacement vehicle, dealing with job and loss of income, managing personal finances and bills. Those injured must deal with these issues, while at same time are expected to attend various, and often frequent, treatment appointments to help with their recovery. Unfortunately, many are physically and emotionally unable to cope with such demands at that time. They become extremely frustrated in the process. The reality is motor vehicle accidents trigger a series of events that have a tremendous effect on the lives of those involved and on those with whom they associate.
In an effort to alleviate some initial questions you may have, here are some answers to frequently asked questions regarding motor vehicle accident claims in Hawaii:
Q: If I am injured in an automobile accident, who pays for my bills?
A: In Hawaii, the insurance company for the automobile you were in is responsible for paying your treatment bills. Payment of these bills is made under the personal injury protection (PIP) part of the automobile insurance policy. Typically, the amount of insurance money available is $10,000.00. In most situations, payment for medical doctor care, chiropractic care, physical therapy and massage therapy is permitted. If the $10,000.00 is used, private medical insurance, such as HMSA, Kaiser Permanente or other medical insurance plans may be available to pay for some treatment expenses. This law firm will assist in making sure that your treatment expenses are paid by the PIP insurance and by your private medical insurance.
Q: If I can’t work, what do I do?
A: If your injuries disable you from work, there may be an automobile insurance policy that may provide limited loss of earnings benefits. In Hawaii, this benefit is an optional benefit that can be purchased. However, if this benefit is not purchased, then there will be no automobile insurance available to pay for employment disability benefits. However, your employer may provide temporary disability insurance (TDI). TDI will provide some payment for disability caused by injuries. This law firm will assist you with obtaining automobile insurance disability benefits and TDI benefits from your employer, if they are available.
Q: Does the other driver have any responsibility?
A: In Hawaii, the wrongful driver can be required to pay for your losses, such as replacement of loss of income, payment for future treatments, and lifestyle changes caused by your injuries. Hawaii law requires that your injuries are serious before making these claims. If your injuries are permanent or the total treatment expenses paid by the PIP insurance carrier are over $5,000.00, claims against the wrongful driver can be made. This law firm will work hard to obtain full compensation for your losses from the responsible driver’s insurance.
Q: What happens if the other driver has no insurance?
A: Many times automobile insurance will provide uninsured motorist (UM) benefits to help if the responsible driver has no insurance. The UM insurance claim is available to provide benefits for your human losses, such as loss of income, payment for future treatments, and the affect of your injuries on your lifestyle. This law firm will determine if UM benefits are available and will work hard to obtain full compensation from your UM carrier.
Q: Do I need a lawyer?
A: In our experience, insurance companies are often not fair to people making claims for benefits they deserve. Insurance companies will rely on legal technicalities to refuse to pay the insurance benefits you deserve. Generally, while in your attempts to obtain insurance benefits, the insurance representatives are much more experienced than you. In order to level the playing field and to deal with insurance companies using legal technicalities to deny your benefits, we believe a lawyer is necessary to protect your legal rights.
Q: Do I pay for the initial consultation with a lawyer?
A: At Tateishi & Pascual you do not have to pay for the initial consultation with our lawyers. When consulting with our lawyers, we will answer your questions and provide you with a road map as to how your claim will proceed. We will make it clear that there is no obligation to hire us, but will ask that you consider hiring our law firm.
Q: How do I pay for the lawyer?
A: For an injury case, Tateishi & Pascual are paid on a contingency fee basis. This means that if we do not recover compensation for your losses, we do not get paid. In motor vehicle cases, and slip and fall cases, our fee is 33 1/3%.
Q: How do I select the right lawyer?
A: Lawyers use the internet, newspaper ads, and yellow pages to discuss their credentials and experience. These forms of advertisement provide an indication as to the credibility of the law firm. At Tateishi & Pascual, while clients do seek our services using these forms of advertisement, the majority of our clients are referred by members of the community, friends, other clients, and health professionals. At Tateishi & Pascual, we believe that you should speak with family and friends to have them assist you in selecting the right lawyer for you.
