Car accident claims: what to do next in Hawaii

Who pays first: PIP

Hawaii is a no-fault state. Your own insurer pays the bills for your injuries and your passengers' injuries up to your personal injury protection, or PIP, limit. It pays no matter who was at fault.

Every policy must include PIP of $10,000 per person. PIP pays for needed care and costs from the crash, such as medical care and rehab. Since no-fault covers injuries only, the driver at fault is still responsible for damage to cars and property.

Source: Hawaii Revised Statutes § 431:10C-103.5: PIP benefits · as of Oct 5, 2026

Claiming against the other driver

Hawaii law limits lawsuits for crash injuries. You can sue the driver at fault only if the crash causes a death, a lasting and major loss of use of a body part or function, or serious lasting scars that cause mental or emotional suffering. You can also sue if your PIP-type costs reach $5,000 or more.

Source: Hawaii Revised Statutes § 431:10C-306: Limits on crash lawsuits · as of Oct 5, 2026

These limits do not apply to claims for damage to your car or other property.

How fault is shared

Hawaii uses comparative negligence. You can recover if your fault was not greater than the fault of the people you claim against, combined. That means you can still recover at 50 percent fault, but not above it. Your money is cut by your share.

Coverage drivers must carry

Hawaii law requires that your car be insured.

Since January 1, 2026, Hawaii policies must cover at least $40,000 per person and $80,000 per crash for injuries you cause. They must also cover $20,000 for property damage. Before 2026, the limits were $20,000 per person, $40,000 per crash and $10,000 for property, and some state pages still show them.

Source: Hawaii Revised Statutes § 431:10C-301: Required coverage · as of Oct 5, 2026

Source: Hawaii Revised Statutes § 431:10C-301: Required coverage · as of Oct 5, 2026

Source: Hawaii Revised Statutes § 431:10C-301: Required coverage · as of Oct 5, 2026

Policies also include uninsured motorist coverage at the injury limits, unless a named insured turns it down in writing. It helps when the other driver has no insurance.

Reporting the crash

After a crash, drivers must stop, share their details and help anyone who is hurt. If anyone is hurt or killed, or damage looks like $3,000 or more, tell the nearest police officer by the quickest means. If you hit a parked car or other property, tell the owner or leave a note, and tell the police without delay.

Source: Hawaii Revised Statutes § 291C-16: Immediate notice of a crash · as of Oct 5, 2026

Drivers do not file their own crash form. A responding officer writes the report when a crash causes an injury, a death or damage that looks like $3,000 or more. On Hawaii Island, the county police say approved crash reports are open to people with an interest in the crash.

Source: Hawaii Revised Statutes § 291C-16: Immediate notice of a crash · as of Oct 5, 2026

Deadlines

Hawaii has a general 2-year limit for injury lawsuits. For car crashes, the time is the latest of 2 years after the crash, 2 years after the last PIP or insurance benefit payment, or 2 years after the last workers' comp or public aid payment from the crash. A claim for a death must be filed within 2 years of the death.

Hawaii's limits on crash lawsuits and its 2-year rules make the details matter, and exceptions can apply to any deadline. People's Justice is not a law firm. We do not review your crash or recommend a lawyer. If you want, you can use the form on this page to ask to be connected with a law firm that pays us to advertise.