Rideshare services like Uber and Lyft have become a popular way to get around Hawaii, whether you’re a kamaʻāina (local resident) heading to work or a tourist exploring the islands. But what happens if you’re involved in an accident while using a rideshare? How much is your case worth if you’ve been injured? It’s a complicated question, and there’s no one-size-fits-all answer. This article will explore the factors that determine the value of a rideshare accident case in Hawaii.
Understanding Rideshare Insurance in Hawaii
Hawaii, like most states, requires drivers to have auto insurance. However, rideshare accidents add another layer of complexity because the insurance coverage that applies depends on what the rideshare driver was doing at the time of the accident.
- Driver is Offline or App is Off: If the rideshare driver’s app is off, their personal auto insurance policy is in effect. This is just like any other car accident.
- Driver is Online & Waiting for a Ride Request: When the driver is logged into the app and waiting for a ride, both Lyft and Uber provide contingent liability coverage. This means that if the driver’s personal insurance doesn’t fully cover the damages, this coverage kicks in. It typically covers a certain amount for bodily injury per person, per accident, and for property damage.
- Driver is En Route to Pick Up a Passenger or During a Trip: Once a driver accepts a ride request, a higher level of insurance coverage from the rideshare company applies. Both Uber and Lyft provide substantial liability coverage, often up to $1 million, during this period. This covers injuries and damages to passengers, other drivers, pedestrians, and property.
Factors That Influence the Value of Your Case
Many factors can influence how much your rideshare accident case is worth. Here are some of the most important ones:
1. Severity of Injuries
This is often the biggest factor. More serious injuries generally lead to higher case values. This includes:
- Medical Expenses: This covers all your medical bills, including ambulance rides, hospital stays, doctor visits, physical therapy, medication, and any future medical care you might need. Keep meticulous records of all your medical expenses.
- Type of Injury: Broken bones, spinal cord injuries, traumatic brain injuries (TBIs), internal organ damage, and disfigurement are considered more severe and will likely result in a higher settlement or verdict.
- Permanent Impairment: If your injuries leave you with a permanent disability or long-term pain, this significantly increases the value of your case.
2. Lost Wages and Lost Earning Capacity
If your injuries prevent you from working, you can claim lost wages. This includes not only your current lost income but also any potential future earnings you might lose due to your injuries.
- Lost Wages: This is the income you’ve already lost from being unable to work.
- Lost Earning Capacity: If your injuries prevent you from returning to your previous job or limit your ability to earn the same income in the future, you can claim compensation for this loss. This often requires expert testimony from vocational rehabilitation specialists or economists.
3. Pain and Suffering
In Hawaii, you can also receive compensation for your physical pain and emotional suffering. This is more subjective than medical expenses or lost wages, but it’s a very real part of the damages you’ve suffered.
- Physical Pain: The intensity and duration of your physical pain are considered.
- Emotional Distress: This includes things like anxiety, depression, fear, and loss of enjoyment of life resulting from the accident and your injuries.
- Loss of Consortium: In some cases, your spouse may also have a claim for loss of consortium, which compensates them for the loss of companionship, affection, and support due to your injuries.
4. Property Damage
If your vehicle or other personal property was damaged in the accident, you can claim compensation for the repair or replacement costs.
5. Liability and Negligence
To recover compensation, you must prove that the rideshare driver (or another party) was negligent and that their negligence caused the accident and your injuries.
- Negligence: This means the driver failed to exercise reasonable care, such as by speeding, running a red light, driving distracted, or driving under the influence of alcohol or drugs. Hawaii is a “no-fault” state for minor accidents, but for serious injuries, you can pursue a claim against the at-fault driver.
- Comparative Negligence: Hawaii follows the “modified comparative negligence” rule, which means if you were partially at fault for the accident, your compensation will be reduced by your percentage of fault. However, if you are found to be more than 50% at fault, you cannot recover any damages.
6. Insurance Policy Limits
The amount of insurance coverage available is a crucial factor. Even if your damages are very high, the maximum amount you can recover is typically limited by the available insurance policy limits. As mentioned earlier, rideshare companies provide different levels of coverage depending on the driver’s status.
7. Punitive Damages
In rare cases, if the at-fault driver’s conduct was particularly egregious or reckless (e.g., driving under the influence with a very high blood alcohol content, or intentionally causing the accident), you might be able to recover punitive damages. These damages are intended to punish the wrongdoer and deter similar conduct in the future. Hawaii law places certain restrictions on punitive damages.
8. Evidence
Evidence can include:
- Police report
- Photos and videos
- Witness statements
- Medical records
Call to Action
Calculating the value of a rideshare accident case is complex. It requires a thorough understanding of Hawaii law, insurance policies, and the specific facts of your case. If you’ve been injured in a rideshare accident in Hawaii, it’s essential to seek legal advice from an experienced personal injury attorney. At Daniel T Pagliarini, we have a proven track record of success in handling rideshare accident cases. We can help you navigate the legal process, protect your rights, and fight for the maximum compensation you deserve.
Visit our office at 700 Bishop St, Ste 2100, Honolulu, HI, 96813.
Or call now for a free consultation at (808) 745-1592.