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HI · car accident laws

Hawaii car accident claims:Laws, deadlines & a free review.

Last updated Written by Accident Claim Check Editorial TeamAttorney review: pending

Free claim check · HI

Hurt in a crash in Hawaii?

Answer a few quick questions. If your case may qualify, we connect you with an independent attorney in Hawaii.

Most of Hawaii's traffic is concentrated on O'ahu, where the H-1 freeway through Honolulu is often congested. Island roads can be narrow and winding, with tourists unfamiliar with local driving. Hawaii is a no-fault state, so your own PIP coverage usually pays first.

Is Hawaii a no-fault state?

Yes — Hawaii is a no-fault state. Hawaii is a no-fault state. After most crashes, your own personal injury protection (PIP) pays first for medical bills and some lost income, no matter who caused the crash. You can usually claim against the at-fault driver for pain and suffering only if your injuries meet Hawaii's threshold.

Hawaii requires $10,000 of PIP coverage.

Learn more in our guide to what a no-fault state is.

How does shared fault work in Hawaii?

Hawaii follows a modified comparative fault rule with a 51% bar. Your recovery may be reduced by your share of fault, and you generally cannot recover if you are found more than 50% responsible.

For example, if you were found 20% at fault for a crash in Hawaii, your compensation could be reduced by 20%. If your share reached the 51% bar, you could be barred from recovering from the other driver.

Read more: what comparative fault means.

How long do I have to file a car accident claim in Hawaii?

In Hawaii, the general deadline to file a personal injury lawsuit is two years from the date of the injury, with some exceptions.

Other deadlines can be much shorter. Your insurance policy may require prompt notice of the crash, PIP and uninsured-motorist claims can have their own timelines, and claims against a city, county or the State of Hawaii often need formal notice within months. Different rules can also apply to minors and wrongful death claims.

What are Hawaii's minimum car insurance requirements?

Hawaii requires drivers to carry at least $20,000 per person / $40,000 per accident for bodily injury, and $10,000 for property damage.

Minimum limits are often not enough to cover a serious injury. If the at-fault driver has little or no insurance, your own uninsured/underinsured motorist (UM/UIM) coverage, medical payments coverage or PIP may help. See what to do if an uninsured driver hit you.

What should I do after a car accident in Hawaii?

Get safe, get medical care and protect your evidence. These steps apply anywhere in Hawaii:

  1. Call 911 if anyone is hurt, and move out of traffic if it's safe — especially on busy roads like H-1 or H-2.
  2. Call the police and ask how to get the crash report. Hawaii generally requires reporting crashes that cause injury, death or significant damage.
  3. Exchange names, insurance and plate numbers, and photograph the vehicles, the scene and your injuries.
  4. Get the names and phone numbers of witnesses.
  5. See a doctor promptly, even if you feel fine — Hawaii PIP claims can depend on prompt treatment.
  6. Notify your own insurer, but be careful about giving the other driver's insurer a recorded statement.
  7. Talk to an independent Hawaii attorney before signing any release, keeping the two years deadline in mind.

Our full what to do after a car accident guide goes into more detail.

Where do car accidents happen in Hawaii?

Crashes happen everywhere, but traffic is heaviest in and around Honolulu, Hilo, Kailua, Kahului and Pearl City. Major routes include H-1, H-2, H-3, Kamehameha Highway and Pali Highway. Our attorney-matching service covers every county in Hawaii.

What kinds of accident claims do people bring in Hawaii?

FAQ · Hawaii

Hawaiicar accident questions.

01

Is Hawaii a no-fault state?

Yes. Hawaii is a no-fault state. After most crashes, your own personal injury protection (PIP) pays first for medical bills and some lost income, no matter who caused the crash. You can usually claim against the at-fault driver for pain and suffering only if your injuries meet Hawaii's threshold. Hawaii requires $10,000 of PIP coverage.

02

How long do I have to file a car accident claim in Hawaii?

In Hawaii, the general deadline to file a personal injury lawsuit is two years from the date of the injury, with some exceptions. Insurance policies and claims against government agencies can have much shorter notice deadlines, so it's best not to wait.

03

Can I recover if I was partly at fault for a crash in Hawaii?

Hawaii follows a modified comparative fault rule with a 51% bar. Your recovery may be reduced by your share of fault, and you generally cannot recover if you are found more than 50% responsible.

04

What car insurance is required in Hawaii?

Hawaii requires at least $20,000 per person / $40,000 per accident for bodily injury, and $10,000 for property damage. Minimum limits may not cover serious injuries, so uninsured/underinsured motorist coverage can matter.

05

Do I need a lawyer after a car accident in Hawaii?

Not always. If you were hurt, the insurer disputes fault or you're close to Hawaii's two years deadline, a free consultation with an independent Hawaii attorney can help you understand your options. Many work on contingency.

Next step

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