Car Accident Laws in Hawaii: Fault, Insurance & Deadlines

Short answer: Hawaii is a no-fault state. After a crash, you turn first to your own auto insurer's Personal Injury Protection (PIP) coverage for medical bills, regardless of who caused the wreck. You generally cannot sue the at-fault driver for pain and suffering unless your injury is serious or your medical bills pass a set dollar threshold. If you do have the right to sue, you must file within 2 years of the crash under Hawaii Revised Statutes (HRS) § 657-7. Claims against a government-owned vehicle carry their own filing rules — see below. Hawaii's minimum insurance limits also changed as of January 1, 2026, so numbers you may have heard before that date are out of date.

Is Hawaii a No-Fault or At-Fault State?

Hawaii is one of the small number of true no-fault states. Under HRS § 431:10C-306, the law abolishes ordinary tort liability between drivers for bodily injury arising from a Hawaii motor vehicle accident. In practice, that means:

• After a crash, you file a claim with your own insurer's PIP coverage for medical and rehabilitative expenses, no matter who caused the collision.
• You generally cannot sue the other driver for pain-and-suffering or other tort damages unless you clear a threshold set by HRS § 431:10C-306(b): either (1) your reasonable medical-rehabilitative expenses reach the "medical-rehabilitative limit" set under HRS § 431:10C-308 (a figure set at $5,000 by that statute), or (2) the crash caused death, a significant permanent loss of use of a part or function of the body, or permanent and serious disfigurement.
• Property damage claims are not part of the no-fault system — you can pursue the at-fault driver's liability insurer (or your own collision coverage) for vehicle repairs regardless of injury severity.

Because the medical-rehabilitative dollar figure and thresholds are set by statute and can be amended, confirm the current number with the Hawaii Department of Commerce and Consumer Affairs (DCCA) Insurance Division or a current copy of HRS Chapter 431:10C before assuming you do or don't qualify to sue.

Minimum Car Insurance Required in Hawaii

Every registered vehicle in Hawaii must carry a "no-fault" insurance policy that includes both liability coverage and PIP. As of January 1, 2026, the state raised its minimum liability limits, and the new figures apply to all new and renewal policies with effective dates on or after that date:

• Bodily injury liability: $40,000 per person / $80,000 per accident (often written as "40/80") — up from the longstanding $20,000/$40,000 minimum that applied to older policies (HRS § 431:10C-301).
• Property damage liability: $20,000 per accident — up from $10,000.
• Personal Injury Protection (PIP): a minimum of $10,000 per person for accident-related medical and rehabilitative expenses is mandatory, regardless of fault (HRS §§ 431:10C-103.5, 431:10C-304). Basic PIP does not automatically include lost wages or funeral benefits — those are optional add-ons.
• Uninsured/underinsured motorist (UM/UIM) coverage: not mandatory. Insurers must offer it to you when you first apply for or renew a policy, but you can decline it in writing (HRS § 431:10C-301). Given how many visitors and rental vehicles are on Hawaii roads, declining UM/UIM is a real financial risk — think carefully before signing it away.

Because these limits changed recently, verify your own policy declarations page and check the DCCA Insurance Division's current consumer guidance before relying on any specific number, especially if your policy predates 2026.

Deadline to Sue After a Hawaii Crash (Statute of Limitations)

If your case clears the no-fault threshold above, Hawaii's general statute of limitations for injury and property-damage claims applies:

• Personal injury: 2 years from the date the claim accrues — normally the crash date (HRS § 657-7).
• Property damage: also 2 years under the same statute.
• Hawaii recognizes a "discovery rule" that can delay the start of the clock if an injury wasn't and reasonably couldn't have been discovered right away, but don't count on this exception applying — treat the crash date as your deadline anchor.

Separately, your PIP claim against your own insurer is a contract claim governed by your policy's terms and Hawaii's no-fault statute, not by the 2-year tort deadline — report it to your insurer promptly regardless.

How Shared Fault Works in Hawaii

Hawaii follows a modified comparative negligence rule under HRS § 663-31. If you clear the no-fault threshold and sue:

• Your damage award is reduced by your own percentage of fault.
• You are completely barred from recovering anything if your share of fault is greater than 50% (that is, 51% or more) compared to the party or parties you're suing.
• At exactly 50/50 fault or less, you can still recover a reduced award.

This is sometimes called a "51% bar" rule. It matters most when the insurance companies dispute who caused the crash — the percentages assigned can swing whether you recover anything at all.

When You Must Report a Crash in Hawaii

Hawaii's traffic code (HRS Chapter 291C) requires you to notify police immediately, by the fastest means available, when a collision involves:

• Injury or death to any person, or
• Total property damage of $3,000 or more (HRS §§ 291C-12, 291C-13).

Below that damage threshold and with no injuries, Hawaii does not require an immediate police report, though calling police anyway is wise if fault is disputed, a driver appears impaired, or anyone reports pain — injuries are not always obvious at the scene. If a passenger sees the driver incapacitated, that passenger is expected to notify police themselves. Separately, drivers must stop, exchange information, and render reasonable aid at the scene of any collision (HRS § 291C-14) regardless of the damage amount. Because reporting dollar thresholds can be amended, confirm the current figure with the statute or your local police department.

Damage Caps and Claims Against a Government Vehicle

Hawaii does not impose a general statutory cap on compensatory damages in an ordinary car-accident lawsuit between private drivers. Two important carve-outs apply when a government vehicle or government employee is involved:

• Claims against the State of Hawaii: governed by the State Tort Liability Act (HRS Chapter 662). The State cannot be held liable for punitive damages or pre-judgment interest (HRS § 662-2), and claims must be brought within 2 years of the incident (HRS § 662-4).
• Claims against a county (for a county bus, police vehicle, or other county-owned vehicle, or for a road-condition claim): HRS § 46-72 requires you to give written notice — stating when, where, and how the injury or damage occurred and the amount claimed — to the official designated in the county's charter (often the county clerk or corporation counsel). Notice deadlines for county claims have been the subject of litigation and legislative change in Hawaii, so treat any specific timeframe you're quoted with caution and confirm the current requirement directly with the county's corporation counsel or the state Attorney General's office. As a practical matter, send written notice as soon as possible after any crash involving a county or state vehicle — don't wait to see how your injuries develop.

What to Do After a Crash in Hawaii

1. Check for injuries and move to safety if the vehicles are drivable and it's safe to do so.
2. Call 911 if anyone is hurt, killed, or if property damage looks like it could reach $3,000 — Hawaii law requires an immediate report in those situations.
3. Exchange information with the other driver(s): name, contact information, driver's license, license plate, and insurance details.
4. Document the scene with photos of vehicle damage, positions, license plates, road conditions, signage, and any visible injuries.
5. Get the police report number if an officer responds, and request a copy once it's available.
6. Seek medical attention promptly, even if you feel fine — this both protects your health and creates the medical record you'll need to meet Hawaii's PIP threshold if you later need to sue.
7. Notify your own insurer to open a PIP claim regardless of fault; PIP is designed to pay your accident-related medical bills quickly.
8. Keep records of every medical visit, bill, and missed workday — these matter both for your PIP claim and for proving you've crossed the tort threshold.
9. If a government vehicle was involved, send written notice to the applicable state or county office promptly — don't wait for the general deadline.
10. Confirm deadlines with a Hawaii attorney or the courts before time runs out, especially if your case may involve a government vehicle, a minor, or a fatality, since those situations can change the standard timeline.

This article is for general information only and is not legal advice; confirm current Hawaii law and deadlines with the Hawaii DCCA Insurance Division, the Hawaii Revised Statutes, or a licensed Hawaii attorney before acting.