In Hawaii, you are unable to bring a claim for an injury from a car accident. This is what is meant by the "abolition or tort liability." Perhaps this is the result of the mania stirred up regarding the "out of control" plaintiffs lawyers.
If you or a loved one was injured in a car accident, however, you know that these claims really are important and should never have been abolished. What does a family do if its mother or father is injured in a car accident and unable to work, or, support their family? Car accidents can have devastating effects on lives.
Hawaii law does, however, provide for some exceptions to the "abolition" of accident injury claims. Hawaii Revised Statute Section 431:10C-306 is the applicable law, it provides as follows:
§431:10C-306 Abolition of tort liability.
(a) Except as provided in subsection (b), this article abolishes tort liability of the following persons with respect to accidental harm arising from motor vehicle accidents occurring in this State:(1) Owner, operator, or user of an insured motor vehicle; or (2) Operator or user of an uninsured motor vehicle who operates or uses such vehicle without reason to believe it to be an uninsured motor vehicle. (b) Tort liability is not abolished as to the following persons, their personal representatives, or their legal guardians in the following circumstances: (1) Death occurs to the person in such a motor vehicle accident;(2) Injury occurs to the person which consists, in whole or in part, in a significant permanent loss of use of a part or function of the body;(3) Injury occurs to the person which consists of a permanent and serious disfigurement which results in subjection of the injured person to mental or emotional suffering; or(4) Injury occurs to the person in a motor vehicle accident and as a result of such injury that the personal injury protection benefits incurred by such person equal or exceed $5,000.
Essentially, the law excepts from the abolishment of car accident claims, personal injury claims where the injured person accumulates $5000, or more, in paid medical bills. Car accident claims are also allowed, i.e., not abolished in cases where the claimant sustains permanent injury, scars, disfigurement, or, if the claimant dies. Also excepted from the "abolishment" are claims involving car accidents where the driver was drunk (a.k.a., D.U.I., DUI, Driving Under the Influence, drunk driver, etc.).
Because Hawaii "abolished" personal injury claim from a car accident, it is important to consult with a Hawaii personal injury attorney, i.e., car accident lawyer, who understands the law in this area. The attorney can help you to navigate through what can be a tricky set of laws.
For more information about the Recovery Law Center, please visit our website: http://www.recoveryourloss.com/
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