Hawaii Car Accident
Victim Guide

Statute of Limitations in Hawaii

In Hawaii, you have 2 years from the date of the car accident to file a personal injury lawsuit. For property damage claims, the deadline is 2 years.

These are hard deadlines. Unlike some other legal rules, there are very few exceptions that extend the statute of limitations — and courts almost never grant them. If you miss the deadline, the court will dismiss your case and you'll have no legal recourse for your injuries or losses, no matter how strong your case is.

Important exceptions to know:

• Minor victims: If the injured person was under 18 at the time of the accident, the clock typically doesn't start until they turn 18.
• Mental incapacity: If a victim was mentally incapacitated at the time of the accident, the clock may be tolled until capacity is restored.
• Discovery rule: In rare cases involving injuries that weren't discoverable at the time of the accident, the clock may start from the date of discovery — not the accident date.
• Government entities: If your accident involved a government vehicle or occurred on government property, claims against government entities have additional procedural requirements and often shorter notice deadlines. Consult an attorney immediately.

Hawaii's Fault System — No-Fault State

Hawaii is a no-fault state. This means that after a car accident, your own insurance company pays for your medical bills and lost wages — up to the limits of your Personal Injury Protection (PIP) coverage — regardless of who caused the accident.

The no-fault system was designed to speed up compensation and reduce litigation for minor accidents. However, it also means that for less serious injuries, you generally cannot sue the at-fault driver for pain and suffering damages.

To step outside the no-fault system and sue the at-fault driver for additional damages (including pain and suffering), your injuries must meet the state's serious injury threshold. See the state-specific tips section below for details on Hawaii's specific threshold requirements.

Hawaii's Minimum Auto Insurance Requirements

All drivers in Hawaii are required by law to carry minimum liability insurance:

• $20,000 per person for bodily injury
• $40,000 per accident for bodily injury (multiple people)
• $10,000 per accident for property damage

This is commonly written as $20K/$40K/$10K coverage. It's critical to understand that these are the minimum required amounts — they are frequently insufficient to cover the real costs of a serious accident. Medical bills alone can easily exceed the per-person bodily injury minimum for moderate-to-serious injuries.

Because Hawaii has a no-fault (or choice no-fault) system, drivers are also required to carry Personal Injury Protection (PIP) coverage. PIP pays for your medical expenses and a portion of lost wages after an accident, regardless of who was at fault. See the state-specific tips below for the required PIP minimum in Hawaii.

If the at-fault driver carries only the minimum coverage and your damages exceed those limits, you may need to turn to your own underinsured motorist (UIM) coverage. This is one reason why carrying higher coverage limits and maintaining UIM coverage is strongly recommended.

Uninsured & Underinsured Motorist Coverage

UM/UIM coverage is optional in Hawaii, but your insurer is required to offer it. Accepting this coverage is strongly recommended.

Why it matters: Across the U.S., roughly 1 in 8 drivers is uninsured. If an uninsured driver causes your accident, Uninsured Motorist (UM) coverage allows you to recover from your own insurance company — up to your UM policy limits. Underinsured Motorist (UIM) coverage applies when the at-fault driver is insured, but their limits are too low to fully compensate you for your losses.

Without UM/UIM coverage, you may be left with no practical way to recover full compensation if the at-fault driver lacks sufficient coverage. Even where this coverage is optional, experts strongly recommend carrying it at limits equal to or higher than your liability coverage.

Hawaii Accident Reporting Requirements

In Hawaii, you are generally required to report a car accident to the appropriate authorities if:

• The accident resulted in injury or death to any person
• Property damage appears to exceed $3,000

The report must be filed as soon as reasonably possible (promptly). Depending on where the accident occurred, this may involve filing with the state DMV, the state highway patrol, or local law enforcement. Always call 911 at the scene of any accident involving injury, significant property damage, or unclear circumstances.

Additionally, you should notify your own insurance company about the accident as soon as reasonably possible — most policies require prompt notification, and delaying can complicate or jeopardize your claim.

Keep copies of all reports filed, including the police report number. The police report is one of the most important pieces of evidence in any personal injury or property damage claim.

What Damages Can You Recover in Hawaii?

Hawaii law allows accident victims to recover two broad categories of damages:

Economic Damages (calculable losses):

• Medical expenses (past and future, including surgery, hospitalization, rehabilitation, and ongoing care)
• Lost wages and future earning capacity if injuries affect your ability to work
• Property damage (vehicle repair or replacement value)
• Out-of-pocket expenses related to the injury (transportation to medical appointments, home modifications, assistive devices)

Non-Economic Damages (subjective losses):

• Pain and suffering (physical pain caused by the accident and ongoing recovery)
• Emotional distress and psychological trauma
• Loss of enjoyment of life (inability to engage in activities you enjoyed before the accident)
• Loss of consortium (impact on your relationship with your spouse or family members)

The value of non-economic damages varies significantly depending on the severity and permanence of your injuries, your age, and how the injuries have impacted your daily life. Insurance companies often use formulas to calculate these amounts — but attorneys negotiate based on the full picture of your suffering and losses.

Punitive damages may be available in rare cases where the defendant's conduct was especially egregious or reckless — for example, driving while severely intoxicated, street racing, or deliberately dangerous behavior. These are intended to punish the wrongdoer and deter similar conduct, not just to compensate the victim.

Wrongful Death Claims in Hawaii

If a loved one was killed in a car accident due to another driver's negligence, Hawaii law allows certain family members to file a wrongful death claim. Eligible parties typically include the surviving spouse, children, and in some cases parents or other dependents of the deceased.

The statute of limitations for wrongful death claims is generally 2 years from the date of death — though this can vary. Recoverable damages in a wrongful death action may include:

• Funeral and burial expenses
• Medical expenses incurred before death
• Lost future income and financial support the deceased would have provided
• Loss of companionship, guidance, and consortium
• Emotional suffering of surviving family members

Wrongful death claims are legally complex and emotionally difficult. Consulting an attorney as soon as possible is critical — both to preserve evidence and to ensure all eligible family members are properly represented.

Hit-and-Run Accidents in Hawaii

Leaving the scene of an accident is a criminal offense in Hawaii. If you are the victim of a hit-and-run driver, taking the right steps immediately can make the difference in whether you recover compensation:

• Call 911 immediately and file a police report — do this even if the other driver is long gone. The police report is required for UM claims.
• Document everything at the scene — take photos and videos of your vehicle, any debris, skid marks, traffic cameras nearby, and anything the other vehicle may have left behind.
• Gather witness information — if anyone saw the accident, get their name and phone number. Witnesses who saw the other vehicle or partial license plate information are especially valuable.
• Notify your insurer promptly — most policies require timely notification of hit-and-run accidents.
• File a claim under your UM coverage — Uninsured Motorist coverage is specifically designed to cover hit-and-run situations where the at-fault driver cannot be identified or located.

Even without identifying the other driver, UM coverage can pay for your medical bills, lost wages, and pain and suffering — up to your policy limits.

Hawaii-Specific Tips for Accident Victims

1. Hawaii is a NO-FAULT state requiring $10,000 in Personal Injury Protection (PIP). Your PIP pays first regardless of fault
2. To sue the at-fault driver in Hawaii, your medical expenses must exceed $5,000 or the injury must result in death, disfigurement, or permanent disability
3. Hawaii's UM/UIM coverage is optional (does not have to be offered)
4. Hawaii uses a 51% bar for modified comparative negligence when the tort threshold is met
5. Keep records of every expense — transportation to medical appointments, prescription costs, home modification costs, and lost wages. All of these are potentially recoverable economic damages. Start a file immediately after your accident.
6. Never give a recorded statement to the other driver's insurance company without consulting an attorney. Adjusters are trained to use your words to minimize your claim.