From busy Honolulu streets to winding coastal roads, car accidents in Hawaii can leave victims with serious injuries and financial burdens. Understanding Hawaii’s car accident laws can help you make informed choices after a crash. Whether you’re a local resident or visiting the islands, this guide will walk you through Hawaii’s no-fault insurance system, legal deadlines, and what to do if you’ve been hurt in a collision.
Hawaii Is a No-Fault State
Hawaii follows a no-fault car insurance system. That means after an accident, your Personal Injury Protection (PIP) coverage pays for your medical expenses, no matter who caused the crash. Every driver is required to carry PIP insurance to cover:
- Medical bills
- Lost income
- Funeral expenses (if applicable)
You cannot sue the at-fault driver unless your injuries meet a certain severity threshold, such as incurring more than $5,000 in medical expenses or suffering from permanent loss of a body function or disfigurement.
Modified Comparative Fault Rule
Hawaii also uses a modified comparative fault system with a 51% bar. You can recover compensation as long as you were less than 51% at fault. If you’re 51% or more responsible, you are not eligible to receive damages.
If you share partial fault but are still eligible, your total award will be reduced based on your percentage of blame.
Minimum Auto Insurance Requirements in Hawaii
To legally drive in Hawaii, you must carry the following minimum auto insurance:
- $10,000 in Personal Injury Protection (PIP)
- $20,000 for bodily injury per person
- $40,000 for bodily injury per accident
- $10,000 for property damage
Optional but recommended coverage includes uninsured/underinsured motorist (UM/UIM) and collision coverage for added protection.
Statute of Limitations in Hawaii
Hawaii gives accident victims two years from the date of the accident to file a personal injury or property damage lawsuit. If the case involves a government agency or employee, additional notice requirements and shorter deadlines may apply.
Failing to act within the time limit could mean losing your right to compensation.
When to Report a Car Accident in Hawaii
You must report an accident to police immediately if:
- Someone is injured or killed
- Property damage appears to exceed $3,000
In addition, you must file a written report with the Hawaii Department of Transportation within 24 hours of the crash if police were not called to the scene.
What If the At-Fault Driver Is Uninsured?
If you have UM/UIM coverage, it can help pay for your injuries and losses when the other driver is uninsured or underinsured. In a no-fault system like Hawaii’s, your PIP benefits come first, but you can still use your UM coverage if your injuries are serious enough to meet the threshold for filing a lawsuit.
What Damages Can You Recover?
In cases where you step outside Hawaii’s no-fault system and sue the at-fault driver, you may be entitled to compensation for:
- Medical expenses beyond PIP limits
- Lost income
- Pain and suffering
- Emotional distress
- Permanent disability or disfigurement
Punitive damages are rare and only apply when the at-fault driver acted with extreme negligence or intent to harm.
Can Tourists File a Claim?
Yes. If you’re visiting Hawaii and get into a car accident, you can still file a claim under the state’s insurance laws. Your rental car insurance or your personal auto policy may provide PIP coverage. If your injuries are severe, you may also be eligible to pursue a liability claim against the at-fault party.
Should You Hire a Car Accident Lawyer in Hawaii?
Dealing with insurance companies and legal rules can be stressful—especially if you’re injured. A Hawaii car accident lawyer can guide you through the process, help you meet deadlines, and fight for the compensation you deserve. Most attorneys offer free consultations and don’t charge unless you win.