Hawaii Car Accident Laws – Is Hawaii a No-Fault State?

Disturbing reports from the Hawaii police department show an uptick in serious collisions in 2024. Compared to last year, major crashes in Hawaii County are up more than 12% while traffic fatalities are up 100%. In other words, there’s never been a more important time to familiarize yourself with Hawaii car accident laws than now.

If you were involved in a Hawaii car accident, you may wonder what your options are next. Questions about your state’s laws may come up, like:

• Is Hawaii a no-fault state?
• What are Hawaii’s insurance requirements?
• When do I file a Hawaii car accident lawsuit?

Fortunately, our complete guide can help summarize what your options may be. If you need direct assistance with your Hawaii car crash, consider hiring an auto accident attorney.

What to Do at the Scene of a Crash

The first step, no matter where you are, is to stop your vehicle. The felony charges and steep fines from a hit-and-run are not things you want to deal with in Hawaii.

Next, check for injuries while guiding others to safety. If it seems anyone needs medical attention, call 911.

Hawaii car accident laws instruct drivers to administer a “duty of care” for other drivers and persons in an accident. What this means is that you should perform everything within your ability to preserve the safety of others in a crash. If unable to help, do everything within your power to call the authorities for assistance.

The Hawaii Driver Exchange of Information Law (HI Code § 291C-14) also requires involved parties to exchange the following info:

• Driver’s name and address
• Registration number of the vehicle
• Driver’s license or permit (upon request)

Other information to gather at the scene, if possible, includes photos of vehicle damage, injuries, and your surroundings. You want to document anything and everything you feel may be pertinent to the crash. If there are witnesses, try to get their contact information as well.

Documenting info will make it easier to prove subjective aspects of your case like liability and severity of damages.

Finally, never say anything incriminating or apologize after an accident, even if you think it’s your fault! It may reduce your settlement potential if you imply liability for the collision.

How to Report a Car Accident in Hawaii

According to Hawaii Revised Statutes §291C-16, drivers must immediately report an accident to the nearest law enforcement officer. The law says this should happen “by the quickest means of communication” (which is probably via cell phone) when there’s:

• Injury or death of any person (this includes drivers, passengers, and pedestrians)
• Total property damage of $3,000 or more

Keep in mind that it can be difficult to estimate how much it will cost to repair a damaged vehicle. Additionally, injuries may develop or worsen over time. As such, calling the police is always a good move so you have their police report on-file.

Is Hawaii a No-Fault State?

Hawaii is one of 12 states that utilize a no-fault insurance system. What that means is that drivers must first collect compensation from their own insurance. This holds true even if they’re not responsible for the accident — thus the term “no-fault.”

Note that this doesn’t preclude you from suing an at-fault party later on. It just requires that all Hawaii drivers must initially file a claim through their own personal injury protection (PIP) coverage.

This means reaching out to your insurance provider to request compensation for medical bills, lost income, and other out-of-pocket losses.

Keep in mind, however, that insurance companies will always try to pay the minimum amount of money possible to claimants. Yes, even if you’re not at-fault and are their client.

Accordingly, it’s vital to retain a skilled car accident attorney in states with no-fault policies. A lawyer experienced in Hawaii car accident law will help you get a better settlement than the adjuster’s initial offer.

Hawaii Car Insurance Laws

The Aloha state requires that anyone who owns and operates a vehicle also carry insurance satisfying Hawaii car insurance laws. Per HI Rev Stat §431:10C-104(b), that means you must, at minimum, have personal injury protection (PIP) and liability insurance.

Personal Injury Protection Requirements in Hawaii

Hawaii car accident laws require at least $10,000 per person in basic PIP coverage for each registered vehicle.

That basic minimum only covers medical expenses for each individual in a car accident. Such medical expenses covered by PIP may include:

• Medical and hospital fees
• Surgical fees
• Dental and optometric checkups
• Medical equipment and supplies
• X-rays
• Muscular therapy and massage

For an additional premium, drivers may decide to take out PIP policies covering lost wages, but that’s not a requirement.

Benefits from your PIP insurance are available — regardless of who was at-fault — to anyone who was:

• Driving your car with permission
• A passenger in your car
• Injured by your car as a pedestrian, or while riding a bicycle, electric scooter, or moped

Because of the limited scope of basic PIP insurance minimums in Hawaii, acquiring higher policy limits may be recommended. Of course, any increase depends on what your budget will allow.

Liability Insurance Requirements in Hawaii 

In addition to PIP insurance, Hawaii requires that all drivers take out liability insurance in the following amounts:

• $20,000 for the bodily injury or death per person
• $40,000 for bodily injury or death for all persons per accident
• $10,000 for property damage

Keep in mind that these are the minimum requirements, and in serious collisions, damages may quickly exceed those amounts.

They also don’t cover your own damages, only the other party’s losses. As such, it’s important to consider how much additional insurance you can afford.

Additional Coverage Options

PIP typically only covers your own personal medical expenses, and liability insurance covers the other parties’. Accordingly, Hawaii drivers may also wish to consider adding the following types of insurance to their policies.

• Collision Coverage. This coverage can pay for repairs or replacement of your vehicle after a car accident.
• Comprehensive insurance. This type of insurance covers damage to your vehicle outside of vehicle crashes. For instance, if your car needs repair after a fire or flood. Or, if you hit an animal while driving, comprehensive insurance will cover that.
• Uninsured and Underinsured Motorist Coverage. This helps protect you if the other driver is driving without insurance. Hawaii car insurance providers will suggest you take out $20,000 minimums for both UM/UIM. This is optional in Hawaii, but if you choose not to take this insurance, you must decline in writing.

Proof of Insurance

Per HI Rev Stat §431:10C-107, upon request Hawaiian drivers must be able to produce proof of insurance. This may be either printed or electronic, and you should receive a copy from your insurance provider.

Make sure you always have this available because failure to show coverage may result in fines or license suspension.

Hawaii Comparative Negligence Laws

Even though Hawaii is a no-fault insurance state, that doesn’t mean you can never recover compensation from an at-fault driver.

Your PIP insurance will cover your medical expenses, even if the other driver is 100% responsible. However, you may pursue additional compensation for bodily injury in court, but only if one of the following scenarios occur:

• Your medical expenses exceed your PIP limit
• Your injuries lead to a significant loss of use of a body part
• Your resulting injuries include disfigurement that causes pain and suffering
• Someone dies in the accident

Outside of any personal injuries, however, you may absolutely seek compensation for property damages from an at-fault driver.

The amount you receive, however, will depend on your contributing degree of fault. That’s because Hawaii follows a system of modified comparative negligence.

Understanding Modified Comparative Fault in Hawaii Car Accident Laws

Per HI Rev Stat §663-31, if you’re found less than 50% responsible for the accident, you may recover damages from the other driver(s). However, your award will decrease by the percent of your share of negligence.

For example, let’s consider a case where one driver was 75% responsible for the accident with $100,000 in damages. That driver cannot earn damages because they were more than 50% at-fault.

However, if the other driver was 25% responsible with $100,000 in damages, they may receive a maximum of $75,000. This is because their percentage of responsibility reduces their claim by their “at-fault” amount.

How Much is My Auto Accident Case Worth?

It’s impossible to estimate what your claim might be worth without knowing the specifics of your situation.

Determining your approximate at-fault percentage is also tricky, as there’s no empirical way of calculating. Oftentimes it’s left to a judge and jury, and their decision may influence insurance claims as well.

That’s why it’s vitally important to retain a skilled car accident attorney in states that utilize this comparative negligence model.

A consultation with a skilled auto attorney will give you a better idea of what you might expect.

Types of Damages After a Car Accident in Hawaii

If your attorney thinks you have a strong enough case to proceed, there are usually two types of damages you may seek. These include economic and non-economic damages.

Economic Damages

These are the tangible damages — monetary and otherwise measurable losses resulting from an accident. Common examples of economic damages include:

• The cost of past and future medical treatments
• Lost income, wages, or employment due to the accident
• Damage to property
• Car repairs and maintenance costs
• Purchase of assistive devices (like wheelchairs)

Non-Economic Damages

These are intangible losses that feel very real, but are harder to prove. That’s because they don’t come with measurable receipts like bills or lost wages. Still, a claimant might successfully win awards for conditions like:

• Pain and suffering
• PTSD or anxiety
• Emotional distress
• Loss of companionship
• Disability/physical impairment

In Hawaii car accident law, there are no caps on economic damages, but pain and suffering amounts cannot exceed $375,000 in most cases. A lawyer can help you determine the appropriate amounts to seek depending on the severity of your crash and injuries.

Hawaii Statute of Limitations

Every state has a time limit before which you must file a civil lawsuit for a car accident. If you miss that deadline, the court will most likely nullify your case.

Keep in mind this is different from the timing for starting a claim with your insurance, which is more immediate. Especially since you’ll need to claim against your own PIP insurance before filing any lawsuits.

HI Rev Stat §657-7 sets the statute of limitations of two years for almost all lawsuits arising from car accidents. This includes bodily injury, property damage, and wrongful death cases (though the start clock varies slightly for these).

Even if you think your case will settle through your car insurance, it’s important to monitor these statutes. Especially if things don’t go your way and you need to consult with an attorney.

LegalASAP Can Connect You With a Certified Auto Accident Attorney

Getting compensation for a car accident can be an arduous and confusing process. It’s hard to know if you’re getting the best payout — and that includes from your own insurance.

Instead of trying to navigate the situation yourself, consider letting LegalASAP connect you with a qualified auto accident lawyer.

Our attorney network includes 500+ law firms so we can find you the right advocate in your area.

Plus, not only can a car accident lawyer help clear up confusion, but it won’t cost you anything out-of-pocket upfront. That’s because our lawyers work on contingency. So you can be sure they’ll also be working to get the best deal for you.

Reach out today so we can start driving your claim forward towards a positive resolution.