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Insurance Claims in Hawaii - Generally

After an accident it is usually very important (from the point of view of making a claim) to take a number of steps immediately in order to preserve evidence and document your claims. To examine these issues more closely, please visit the following page:

Inital Steps in Making Your Claim

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If you wish to examine the minimum insurance coverages required under Hawaii state law for most motor vehicles and for motorcycles then you can do so at the following two links:

Auto Accidents and Motor Vehicle Insurance for Car Accidents

Motorcycle Accidents and Insurance on Motorcycles


These coverages generally should be available to help to compensate a person for loss as the result of negligent operation of the vehicle. (Optional additional coverages may also be available.)

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Insurance Company Bad Faith in Hawaii

Sometimes when dealing with an insurance company, a claimant is treated so badly that the wrongful conduct gives rise to an independent cause of action for insurance company bad faith. Insurance policies are generally purchased by policy holders to bring peace of mind and security. They are supposed to provide "good neighbors" and "good hands" in time of need. Increasingly, however, insurance companies take the approach that they are profit machines for their stockholders and insiders. Claims adjusters are taught to be difficult to reach, uncooperative when finally tracked down and evasive in their responses. Claim payment is often avoided on the thinnest of excuses- with an eye toward forcing a financially weakened claimant into a position of economic desperation and obtaining a settlement which favors the insurance company. Such tactics are very common- but in an appropriate case they may give rise to an independent cause of action for bad faith.

If you believe that you may have a cause of action for insurance company bad faith, you may want to explore this area further. This is covered extensively in the sister site, Accident Lawyer Hawaii, and here is a link to the page - the bottom part of which discusses insurance company bad faith at length.

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Deadlines for filing insurance claims in Hawaii

As a general rule, direct actions against insurance companies are not allowed under Hawaii law. This means that if you have an insurance claim against a wrongdoer for causing the death of a loved one, you must generally file your claims against the wrongdoer only - and the insurance company gets to handle the claim and manage the litigation from behind the scenes without having their name involved. (This is apparently the result of insurance company political clout and gives opportunity for much wrongdoing on the part of insurers.)

Sometimes claims are against one's own insurance company (bad faith claims, uninsured motorist UM claims, underinsured motorist UIM claims, auto no-fault PIP claims and so forth. These claims against insurance companies often arise both in contract and in tort (personal injury). As a result the deadlines for filing such insurance bad faith claims depend upon whether only contract claims are submitted (such as a request for payment of the policy benefits or a refund of premiums) or whether the more encompassing personal injury claims are also sought (such as emotional distress damages, certain types of consequential damages or punative damages). For contract claims the applicable statute of limitations is usually longer than for tort claims.

For personal injury claims a general 2 year deadline applies under Hawaii law - but there are so many exceptions, Federal causes of action and so forth that it is risky to not obtain special legal counsel with respect to your individual claims. For example, claims against the counties may have a 6 month "notice of claim" filing deadline. In any event, you must file your wrongful death claims in court prior to the expiration of such deadlines, or your claims may be lost—regardless of their merit. To be wise it is recommended that you immediately contact a wrongful death attorney after an accident giving rise to fatal injuries occurs. Please do not hesitate to :

Contact Wrongful Death Lawyer Hawaii now for a free evaluation of your case.