Hawaii Complaint regarding Auto Accident (Guest Passenger vs Defendant Driver)

State:
Multi-State
Control #:
US-PI-0290
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample personal injury complaint filed by the guest passenger in a vehicle involved in accident.
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FAQ

Reporting a Car Accident in Hawaii Even if the police do not arrive on the scene, you are required to report an accident to the Hawaii Department of Motor Vehicles within 24 hours if: Someone was injured 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.

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.

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.

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.

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.

As a no-fault state, Hawaii insurance laws allow you to claim compensation without proving someone else was responsible for your crash. It also means that if you contributed to the car accident, you can still seek damages. In most circumstances, an insurance claim can proceed without a police report.

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.

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Hawaii Complaint regarding Auto Accident (Guest Passenger vs Defendant Driver)