In Hawaii, a 50/50 split liability personal injury claim means both drivers share equal blame for the crash, and your compensation is reduced by your percentage of fault. If you’re dealing with a shared-fault accident, a Hawaii personal injury attorney can explain how the state’s modified comparative negligence rule affects your ability to recover damages and what steps help protect your claim.
What does a 50/50 split mean after a car accident in Hawaii?
A 50/50 split means the insurance companies believe each driver is equally responsible for causing the crash. This can happen in many types of accidents, including parking-lot fender benders or a serious road traffic accident where both drivers made risky decisions at the same time.
Hawaii’s modified comparative negligence system then reduces your damages by your level of fault. So if the crash is labeled 50/50, you lose half of the compensation you would normally receive. Insurance companies may often push for a 50/50 decision because it lowers what they have to pay, even when the facts show one driver was more to blame.
Can you file a personal injury claim if you’re 50% responsible?
Yes. You can still file a personal injury claim as long as you are not more than 50% responsible for the crash. The key limitations are:
- 50% or less at fault: You can recover damages, but the amount is reduced by your percentage of fault.
- 51% or more: You’re barred from receiving compensation under Hawaii law.
For example, if your total damages, like medical bills and lost wages, reach $10,000 and you’re found 50% responsible, you can recover $5,000. If you’re 25% responsible, you could recover 75% of your damages.
How does Hawaii’s modified comparative negligence rule affect the amount of compensation you receive?
Hawaii’s fault system directly impacts your amount of compensation:
- Your damages decrease according to your percentage of fault
- A 50/50 insurance claim cuts your recovery in half
- At 51% responsibility, you cannot recover anything
- The lower your percentage of fault, the higher your potential recovery
Because these percentages matter so much, insurance companies often try to increase your share of the blame to reduce their payout.
How can you challenge a 50/50 split if you disagree with it?
If an insurer labels the crash as split liability, you’re not stuck with that decision. You can dispute it, and many people do.
A personal injury lawyer can help shift the percentages by reviewing any relevant photos, videos, statements from witnesses, police report, and damage patterns. The goal is to investigate and show that the other driver was more at fault than the insurer claims
Even a small change (from 50% to 49%) raises the amount you can recover. If the other driver was 75 responsible, for example, your damages would increase significantly.
What should you do if your accident is labeled a 50/50 split?
If your car accident might be considered shared fault, it helps to take steps that protect you early on:
- Gather evidence, including photos of the crash scene, both vehicles, and anything that shows how the accident happened
- Get a copy of the police report
- Write down what you remember right away
- Keep records of all medical treatment
- Avoid making statements that could be interpreted as admitting fault
- Speak with a car accident attorney in Hawaii before agreeing to any split liability agreement
Insurance companies may push a 50/50 split quickly because it reduces their financial exposure, even when the facts tell a different story.
Can Shaheen & Gordon help with a 50/50 split liability accident claim in Hawaii?
Shaheen & Gordon understands how Hawaii’s modified comparative negligence law affects personal injury claims and how much a fault percentage can change your recovery. Our team focuses on helping individuals, not big insurance companies. We offer virtual meetings, digital signing, and a welcoming environment for those who need support during a stressful time.
If you’re facing a 50/50 split liability situation after a road traffic accident, you can request a free consultation with our personal injury team at (800) 451-1002 or contact us online for a free consultation.
