VEHICLE ACCIDENTS

Winer Meheula & Devens LLP handles the full range of motor vehicle accidents including claims involving motorcycles, motor scooters, mopeds, bicycles, pedestrians, negligently designed roads and uninsured motorists. Unlike many law firms who will not take your case until you make a claim for pain and suffering under Hawaii's no fault laws, Winer Meheula & Devens LLP will help you with all aspects of your case including property damage, wage loss, substitute services and access to medical care.

At present, many insurance companies make it difficult for you to obtain the benefits provided under a no fault policy. In particular, insurance companies will utilize independent medical examinations (IME) and delaying tactics to prevent you from obtaining necessary medical treatment. Winer Meheula & Devens LLP is committed to fighting for your right to medical treatment, and the firm has never lost a case involving the denial of no fault benefits.

Winer Meheula & Devens LLP utilizes a team approach on all motor vehicle accident cases. This means that an attorney will directly handle or supervise all aspects of your case from the completion of no fault applications to the trial of cases seeking compensation for pain and suffering.

If you are eligible to make a claim for pain and suffering, Winer Meheula & Devens LLP will aggressively handle your claim and work to maximize your compensation. The firm has a solid record in handling motor vehicle accidents in trials and arbitrations, and we will hire the necessary medical, scientific and economic experts to put on the best case possible.

Hwaii's no fault law is fairly complicated, and it was completely revamped in 1998. It is our responsibility to provide you with the information necessary to understand the law. If you would like to speak with an attorney regarding any aspect of a motor vehicle case, then please contact us at winer@pacificlaw.com. We have also included additional pages in our web site to answer a number of commonly asked questions.

Getting Started
When You Have Damage to Your Car
Getting Medical Treatment
IME'S, PRO'S & Interviews
Getting Reimbursed
Wage Loss
Your Settlement
Hanging in There

If you are in a motor vehicle accident, it is important that you gather as much information as possible before we meet. At present, many police departments in Hawaii will not conduct a thorough examination of a motor vehicle accident unless the claim involves property damage exceeding $3,000. As a result, you should make it a point to obtain the names of all witnesses and request the name, address, telephone number and insurer of all parties to a motor vehicle accident. In addition, it is very helpful if you can bring a copy of your automobile insurance policy to our first meeting.

REMEMBER THAT ALL INITIAL CONSULTATIONS WITH Winer Meheula & Devens LLP ARE FREE!!!

Although you should report the accident to your insurance company, try to avoid giving any recorded statements until after you meet with us. Your insurance policy may obligate you to provide information to your insurance company, but we can provide you with advice which may help improve your claim.

In Hawaii, we currently have a system of "no fault" for injuries caused in motor vehicle accidents. This means that if you are injured, you medical bills will be paid by the insurance covering the motor vehicle your are driving in, regardless of fault. If you are struck by a motor vehicle while riding a bicycle or a moped or while you're a pedestrian, then you may seek medical benefits from the motor vehicle's insurance company, once again, regardless of fault.

Beginning in January 1998, Hawaii's law does not require vehicle owners to purchase insurance covering wage loss. Consequently, if you suffer an injury in a motor vehicle accident which causes a loss of income, it is important to carefully scrutinize all available automobile, temporary disability and personal disability insurance coverages. Winer Meheula & Devens LLP has extensive experience representing clients in wage loss claims involving temporary disability, personal disability and Social Security disability benefits.

Hawaii's no fault law also means that people who are injured in motor vehicle accidents generally cannot sue the driver at fault for their pain and suffering. There are, however, a few important exceptions to the no fault rule. For accidents occurring after January 1, 1998, people injured in motor vehicle accidents can sue the driver who caused the accident, if: (1) the injured person accumulates $5,000 in medical or rehabilitative bills; (2) the accident results in scarring, disfigurement or other permanent loss of use of a body part or function; or (3) the driver who caused the accident was involved in reckless or punitive conduct like driving under the influence.

As a result of Hawaii's laws, although you may feel very sore and believe that you have been wronged, you may not have a claim for pain and suffering unless and until you fall into one of the above categories. Because the process for qualifying for one of these exceptions is often lengthy and complicated, however, Winer Meheula & Devens LLP is set up to do everything possible to help you through it. What follows is information about this process. Hopefully, if you know what to expect, you won't have to worry as much about "your case," and you can concentrate on the most important thing, which is getting better!

Getting Started / When You Have Damage to Your Car / Getting Medical Treatment / IME'S, PRO'S & Interviews / Getting Reimbursed / Wage Loss / Your Settlement / Hanging in There

Despite the no-fault system for pain and suffering claims, if your car was damaged in an accident, you generally have a right to have it repaired at the expense of the driver who caused the accident. This assumes, of course, that the other driver had insurance coverage for property damage.

If the other driver had insurance, we will help you to have your car repaired or replaced by his or her insurance company. Having the other driver's insurance pay is often preferable because, this way, you will not have to pay your deductible. Also, if you need a rental car, that insurance company will often reimburse you for all of the related costs. If the other driver did not have insurance, you will have to make a claim with your own insurance company.

If your car can be repaired, the insurance company will usually send their appraiser out to where the car is and make an estimate, often with the auto shop's assistance. The insurance company will then send you a check for the repairs. It is important that you thoroughly check your car out before you endorse the check over to the garage.

If your car must be replaced, the insurance company will make an offer on your car. This offer is generally well researched and is firm. If you have made any improvements on the car, for example new tires, air conditioning, etc., then we may be able to use receipts for it to prove additional value.

If your car is deemed a total loss, and you would still like to keep it, the insurance company may deduct a salvage value of between $200 and $5,000, or more, from your settlement, depending on the company and the condition of your car.

Getting Started / When You Have Damage to Your Car / Getting Medical Treatment / IME'S, PRO'S & Interviews / Getting Reimbursed / Wage Loss / Your Settlement / Hanging in There

Sometimes clients express an interest in transferring their care to a specialist. This is often a good idea because a specialist may be more thorough in evaluating and treating your injuries.

Although, by law, we are not supposed to directly refer you to the various specialists, if you have questions about where to go or how to go about getting to a specialist, please feel free to consult with us.

You should bear in mind that the medical coverage afforded to you by your car insurance allows you to seek a variety of treatment, including chiropractic, massage, acupuncture, biofeedback, physical therapy, and counseling for any emotional problems stemming from the accident. If you feel that you might benefit from a combination of these therapies, please consult your doctor or feel fee to speak with your attorney.

If, at any time, you become unhappy with your doctor, or if you have trouble getting the treatment you feel you need, please contact your attorney to discuss your options. Do not suffer in silence!!!

Also, remember that insurance companies sometimes will make it difficult for you to get the care that you need. They will sometimes challenge a doctor's proposed treatment plan, deny care, demand "independent" medical examinations, delay payments, etc. If your doctor experiences these difficulties, you should ask them to contact your attorney to discuss the matter. You should know, however, that unless you have exhausted your no fault benefits, a medical provider cannot pursue you for unpaid bills related to the accident.

If you receive any medical bills, please forward them to our office, and we will make sure that they are filed with the insurance company. You may continue to receive these bills, depending on the provider's billing system. Simply continue to forward them to our office, unless you hear differently from us.

Getting Started / When You Have Damage to Your Car / Getting Medical Treatment / IME'S, PRO'S & Interviews / Getting Reimbursed / Wage Loss / Your Settlement / Hanging in There

As much as possible, we will attempt to keep your contact with the insurance companies to a minimum. There may be times, however, when an insurance company is entitled to demand your cooperation.

If an insurance company requests an Independent Medical Examination ("IME") or an interview, we will notify you as soon as possible. In addition, we will meet with you beforehand to prepare for the IME or the interview.

Getting Started / When You Have Damage to Your Car / Getting Medical Treatment / IME'S, PRO'S & Interviews / Getting Reimbursed / Wage Loss / Your Settlement / Hanging in There

If you were involved in an automobile accident before January 1, 1998, then your no fault insurance will reimburse you for expenses occurred because of your injuries. Reimbursable expenses include travel expenses/mileage costs, parking fees and prescription costs. In addition, if your doctor approves substitute services such as housekeeping or child care, you can be reimbursed for these items.

Please save all your receipts for these expenses and send them to our office. Also, please keep an itemized record of your mileage to and from appointments. If you would like, we have a mileage form available for you to use.

We will submit all of these items to the insurance company for reimbursement. Please keep in mind that the company has 30 days to actually send you a check. It often takes longer, and it is sometimes lost, so if you don't receive a check after the time limit, please let our office know.

Unfortunately, Hawaii's new no fault law abolished the requirement for reimbursement coverage, and you may not purchase optional coverage for travel and mileage expenses. As a result, if you were injured in a motor vehicle accident after January 1, 1998, you may be eligible for substitute service reimbursement if you purchased this type of optional coverage, but you will not be eligible for travel expenses/mileage costs and parking fees.

Getting Started / When You Have Damage to Your Car / Getting Medical Treatment / IME'S, PRO'S & Interviews / Getting Reimbursed / Wage Loss / Your Settlement / Hanging in There

Beginning on January 1, 1998, Hawaii's no fault law abolished the requirement for wage loss coverage. Consequently, unless you purchased optional coverage for wage loss, your automobile insurance company will not pay for any wage loss.

Since an injury from a motor vehicle accident may cause you to miss work and lose wages, Winer Meheula & Devens LLP will thoroughly review all available options to obtain coverage for lost wages. In particular, we will review your current automobile insurance policy along with any applicable personal disability, temporary disability and Social Security disability policies to determine your entitlement to benefits.

Getting Started / When You Have Damage to Your Car / Getting Medical Treatment / IME'S, PRO'S & Interviews / Getting Reimbursed / Wage Loss / Your Settlement / Hanging in There

YOUR SETTLEMENT

After you have qualified for one of the exceptions to the no fault rule, our office will prepare a settlement package for you and forward it to the other driver's insurance company. Generally, we allow the company two to three weeks to evaluate our package since it is usually between 100 and 300 pages. When the company is done with its evaluation, they usually make an offer that is negotiable.

When appropriate, your attorney will contact you to discuss the negotiations with you. Your attorney will advise you whether we think you should accept or reject the offer, and we will discuss the various options with you at that point. For example, continuing negotiations, filing a lawsuit or agreeing to submit your case to some form of alternative dispute resolution like arbitration.

If your case is settled, it takes at least two to three weeks for us to get your settlement check, longer if the check comes from the mainland. We will then contact you to sign the appropriate settlement papers and disburse your money. At that time, we will itemize all of the costs that we paid on your behalf and explain your settlement.

LITIGATION

Although most of us would prefer to avoid filing a lawsuit or going to court, it is sometimes necessary to pursue litigation to get full value for your claim. Lawsuits usually become necessary when there are disagreements with the other driver's insurance company over who caused an accident or how serious the injuries are.

If litigation becomes necessary, we will contact you before filing a lawsuit. Once we file a lawsuit, you will probably have to answer written questions regarding your accident and your injuries, and you may have to answer oral questions from the other driver's attorney before a court reporter. We will provide you with plenty of notice to handle any requests from the other side, and we will always work with you so that you are comfortable in dealing with the legal process.

Most motor vehicle accident cases are assigned to the Court Annexed Arbitration Program ("CAAP") within six months of the time they are filed. In CAAP, a volunteer arbitrator, who is an attorney, will hear testimony and review evidence regarding your case, and he or she will make a non-binding decision. If either side appeals the decision, then we will set the case for trial.

Although most of the motor vehicle cases in litigation eventually settle, the process can take up to two years. During this time, you can expect some periods where the case seems inactive. Please understand, however, that the attorneys are constantly monitoring your case, and we will contact you when your participation becomes necessary.

If your case proceeds to trial, then we will spend considerable time getting you prepared. Although appearing in court can seem frightening, we will spend the time necessary to make you feel comfortable.

HANG IN THERE

Unfortunately, the process towards making a claim for pain and suffering compensation is filled with many obstacles and delays that may often seem crazy. Remember, however, that we are on your side, and we will do everything possible to help you through it. meheula@pacificlaw.com