This form is a sample answer and defenses filed by the defendant in a personal injury action alleging that the defendant's faulty installation of stairs led to the injury and ultimate death of the plaintiff.
Hawaii Answer and Defenses - Mobile Home Accident
State:
Multi-State
Control #:
US-PI-0187
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Answer And Defenses - Mobile Home Accident?
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FAQ
Sudden stops can be jarring and unexpected. However, drivers are expected to maintain a safe following distance to account for such scenarios. If you hit a car that stopped suddenly, you might bear some responsibility. But if the front driver's sudden stop was unreasonable or without cause, they could share the blame.
Generally speaking, the driver in back will be found at fault for a rear-end collision. However, liability for the accident is not automatically assigned to the trailing motorist. Determining rear-end collision fault is best left to an experienced attorney.
Hawaii is a considered a ?no-fault state?, which means your motor vehicle insurance company will pay the bills for your injuries and your passengers' injuries up to the personal injury protection benefits (?PIP?) limit. And you cannot sue or be sued unless there are serious injuries.
Fault for Rear-End Accidents in Hawaii Drivers in Hawaii are required to pay attention and leave enough room between vehicles to stop safely. Rear drivers are liable if an accident happens because they were following too closely for the weather, traffic speed, or road conditions.
And you cannot sue or be sued unless there are serious injuries. Because ?no-fault? applies to injuries, not to vehicles or property, the driver-at-fault in an accident is responsible for damages to vehicle and property.
Once you have concluded whether or not someone else was at fault, the next question is whether you have sufficient damages in order to pursue a claim. Hawaii law provides that there is no ?tort liability? if there has not been at least $5,000 paid in medical bills by the No-Fault insurance provider.
Report the collision by completing a Report of Traffic Accident Occurring in California (SR-1) to DMV within 10 days if there is more than $1000 in damage to the property of any person, or anyone is injured (no matter how slightly) or killed.
If anyone is injured, or if the property damage exceeds $3,000, you need to call 911 immediately. You are required to submit a police report. If you're not sure, go ahead and call the police. Some injuries are not immediately apparent, and it can be hard to approximate property damage.