When to Get an Attorney for a Car Accident

You should get an attorney when the results of a Honolulu traffic accident can’t quickly be resolved with your insurance company. Have you sustained serious injuries? Will you need numerous doctor’s appointments, prescriptions, surgeries, and physical therapy? If your injuries require more than some over-the-counter pain reliever and time, call a car accident lawyer.

Another good reason to call an attorney is if an insurance company is denying the claim. You should be able to recover compensation from your insurer and the at-fault driver’s insurance company. If they’re refusing to pay, talk with Michael Fayard about whether you can appeal the denial or pursue a legal claim.

Michael Fayard Handles All Types of Car Accident Claims

As an experienced auto accident lawyer, Michael Fayard can represent you after a:

  • Rear-End Accident
  • Head-On Accident
  • Side Swipe Accident
  • Side Impact “T-Bone” Accident
  • Intersection Accident
  • Left Turn Accident
  • Right Turn Accident
  • Speed-related Accident
  • Drunk Driving Accident
  • Distracted Driving Accident
  • Uber or Lyft Accidents
  • Car-Bike Accidents
  • Car-Pedestrian Accidents
  • Car-Moped Accidents
  • Car-Motorcycle Accidents
  • Car-Truck Accidents

Whatever you think happened, whatever the type of crash or underlying cause, you deserve legal representation. You deserve to have someone who knows the law inside and out to get the most compensation for your injuries.

Hawaii is a No-Fault State

Because Hawaii is a no-fault state for car accident claims, you need to use your auto insurance first. You can’t automatically jump to a third-party insurance claim or personal injury lawsuit. Honolulu car accident attorney Michael Fayard can guide you through the process of recovering compensation through insurance and deciding when it’s appropriate to file a lawsuit.

Hawaii Car Insurance Requirements

If you own a vehicle in Hawaii, you’re required to carry certain types and amounts of auto insurance:

  • At least $10,000 of Personal Injury Protection (PIP) coverage for you and your passenger’s medical and rehabilitation costs.
  • At least $20,000 per person/$40,000 per accident for bodily injury liability.
  • At least $10,000 per accident for property damage liability.

The PIP coverage is for you and your passengers, no matter who caused the accident. It doesn’t matter if you caused the crash or someone else did. You’ll file an insurance claim with your provider to have your PIP policy cover your medical bills.

What If Your Damages Are More Than Your PIP Insurance?

You should get a lawyer for a car accident claim because it’s common for your expenses to be more than your PIP insurance can cover. In this situation, you’ll turn to the other driver’s bodily injury liability policy. Michael Fayard can guide you through making a third-party claim and demanding the at-fault driver’s insurance pay for your vehicle repairs and additional medical bills.


$1,550,000 Plaintiff’s Verdict

Michael was co-counsel representing a maritime worker that was injured when a negligent employee struck him in the head with a bell hammer attached to a crane. Pre-trial offer was $0.00.

$1,200,000.00 Plaintiff’s Verdict

SR v. TS, et al. – I represented an elderly client that was the injured and was the victim of fraud and theft by thieves using a forged power of attorney and forged deed. Pre-trial offer was $2,500.00.

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Who Is At Fault for a Car Accident?

After you suffer serious injuries in a car accident, it’s important to prove you were not at fault. You need to show the other driver was responsible so you can demand compensation through a car accident claim. But how do you prove who was at fault?

You prove fault based on the evidence. That’s why it’s important to have a Hawaii car accident lawyer like Michael Fayard gather and assess the evidence. He’ll carefully review the police report, eye-witness reports, photos of the crash, and more. Depending on the complexity of the wreck, he might hire an accident reconstruction expert to figure out what happened and why.

The driver at fault for a crash is the one who carelessly caused a crash. Common causes of auto accidents involve:

  • Speeding
  • Distracted driving
  • Drowsy driving
  • Tailgating
  • Improperly changing lanes or merging
  • Failing to check blind spots
  • Running red lights or stop signs
  • Ignoring traffic signs and signals
  • Driving under the influence
  • Driving aggressively (road rage)

Attorney Fayard will review the evidence to determine what the other driver was doing leading up to the crash. Were they driving 55 mph in a 35-mph zone? Were they texting? Were they driving for Uber for the 16th hour straight? He’ll get to the bottom of what happened and figure out the best way to present the evidence to the insurer or court.

Who is Liable for Your Car Accident Injuries?

Hawaii’s car accident laws distinguish between fault and liability. The person at fault for the crash is the one who physically caused it. It’s often the motorist, but not always. For example, vehicle defects and bad road conditions can lead to wrecks, and neither of them is the driver’s fault. The possibility that someone other than the driver is at fault is why you should always work with an accident attorney. Michael Fayard finds out what happened, even if it’s not obvious at first.

Liability is the legal responsibility for your damages. It’s the party that needs to pay you compensation. For many reasons, the liable party might be someone other than the at-fault driver. For example, the liable party could be the business that employed the at-fault driver. That’s because companies are generally responsible for what their workers do while on the clock. When you work with Michael Fayard, you can trust that he thoroughly evaluates fault and liability.

Michael Fayard Handles Car Crash Claims Involving All Types of Injuries

If you suffered only bumps and bruises, then your PIP insurance can probably handle your medical bills. But car accidents often cause much more harm than that. You should get legal help after a car accident if you sustained serious injuries like:

  • Broken Bones
  • Concussion
  • Traumatic Brain Injury
  • Whiplash
  • Back Injuries
  • Soft Tissue Injuries
  • Spinal Cord Injuries
  • Complete or Incomplete Paralysis
  • Amputation
  • Nerve Damage
  • Burns
  • Deep Lacerations and Scarring
  • Internal Organ Damage
  • Internal Bleeding
  • PTSD

The medical bills quickly add up after serious or catastrophic injuries. You’ll quickly use up your PIP insurance. What do you do when you still owe more? You call a car wreck lawyer to fight for you to win compensation from the liable party.

He is relentless to ensure his clients are well taken care of.”

- Cliff T

The Hawaii Car Accident Lawsuit Process

Before you consider filing a personal injury lawsuit in Hawaii, it’s best to hire a Honolulu car accident lawyer. Why? Because an experienced lawyer like Michael Fayard will tell you when you can and can’t file a lawsuit. Hawaii is a no-fault state, and there are limits to when car accident lawsuits are allowed.

Attorney Fayard will first guide you through the insurance claim process with your insurer and the liable party’s insurer. He’ll fight for you to get every cent you deserve through insurance coverage.

But there will be times when auto insurance isn’t enough to pay for your damages, and it won’t come close to compensating you for your pain and suffering. That’s when attorney Fayard will talk with you about filing a personal injury lawsuit.

When Can I File a Car Accident Lawsuit?

Under Hawaii’s car accident laws, you can only file a lawsuit if you got hurt or someone was killed. Michael Fayard can determine if you qualify to file a lawsuit. He’ll gauge whether you suffered a severe or permanent injury or disfigurement and calculate whether your medical bills are more than your PIP insurance limits.

Steps in the Car Accident Lawsuit Process

Motor vehicle accident attorney Michael Fayard will guide you through each step of pursuing a lawsuit, including:

  • Investigating the crash and gathering evidence
  • Identifying the at-fault and liable party or parties
  • Gathering your medical bills and documentation of your other damages
  • Assessing the severity of your injuries
  • Calculating the full value of your claim
  • Pursuing insurance claim proceeds
  • Filing a personal injury lawsuit in court
  • Serving the defendant(s)
  • Using discovery to gather additional evidence and learn more
  • Negotiating a settlement or preparing for trial

Call Michael Fayard and schedule a free consultation to learn more about when you can sue after a car crash and what the lawsuit process is like.

Michael Fayard Demands Max Compensation

One of the biggest reasons to hire a car accident lawyer is to get as much compensation as possible after a crash. When someone else is negligent and causes you harm, it should be on them to compensate you. But because you’ll be dealing with insurance companies, it’s hard to get what you deserve. Attorney Fayard makes it a point to carefully review all of your financial, physical, and emotional injuries, so he understands the full value of your claim.

Damages you may recover compensation for include:

  • Medical Expenses
  • Property Damage
  • Lost Income
  • Disfigurement
  • Disability
  • Reduced Earning Potential
  • Pain and Suffering
  • Emotional Distress
  • Loss of Enjoyment of Activities

There’s no cap on your economic injuries in Hawaii. You can demand compensation for all of your costs and losses. There is a limit on compensation for non-economic damages, though. You can get up to $375,000 for your non-economic injuries.

Did You Loved One Die in a Fatal Car Accident?

If you lost a parent, spouse, or child in a deadly car crash, talk with Michael Fayard about a wrongful death claim. Your family might have the right to pursue compensation for medical and funeral expenses, lost income, and your own emotional pain and suffering.

Let Michael Fayard Help You Today

There’s no need to wait and see how things go. It never hurts to have a chat with a car accident attorney about what’s going on. During a free initial consultation, attorney Fayard will discuss your rights and options. If he believes you’ll benefit from representation, he’ll tell you why.

Use the online contact form or call 808-445-6708.