Hawaii Car Accident Laws (2026)
Preliminary legal information — researched from cited sources, but not yet reviewed by a licensed attorney. Rules and exceptions may change the result in an individual case.
Quick answer
Hawaii uses a no-fault. state. No-fault state: your own PIP coverage pays first; lawsuits are limited to serious injuries. Modified comparative negligence (51% bar): you recover nothing if you are more than 50% at fault. You generally have 2 years to file an injury lawsuit.
Who pays after a crash in Hawaii?
No-fault state: your own PIP coverage pays first; lawsuits are limited to serious injuries.
Auto-system source: NAIC 2022/2023 Auto Insurance Database Report, published 2025.
In practice: your own Personal Injury Protection (PIP) pays your initial medical bills and part of your lost wages regardless of fault. To sue the at-fault driver for pain and suffering, your injuries generally must cross the state's "serious injury" threshold (or a monetary threshold) — fractures, permanent injuries, and significant disfigurement typically qualify.
What if you were partly at fault?
Modified comparative negligence (51% bar): you recover nothing if you are more than 50% at fault.
Comparative-fault reference: Justia 50-state survey, with links to the controlling statutes and cases. Claim-specific exceptions can apply.
Fault percentages are assigned by adjusters and, ultimately, juries — they are negotiable opinions, not facts. Evidence like photos, witness statements, and citations moves them.
Damage caps in Hawaii
Hawaii Rev. Stat. § 663-8.7 limits the pain-and-suffering component—not every category of noneconomic damages—to $375,000, with statutory exceptions. The number must not be treated as a universal cap on the total claim.
Your filing deadline
The general reference period is 2 years for many injury claims — details and exceptions in the Hawaii statute of limitations guide.
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Frequently asked questions
Is Hawaii a no-fault state?
No-fault state: your own PIP coverage pays first; lawsuits are limited to serious injuries.
Can I still recover if the crash was partly my fault in Hawaii?
Modified comparative negligence (51% bar): you recover nothing if you are more than 50% at fault.
How long do I have to file after a car accident in Hawaii?
Generally 2 years for injury claims. Claims against government entities can require notice within months.
General information, not legal advice. Attorney advertising. Claimelo is not a law firm. This page is a starting point: deadlines, liability rules, exceptions, and available damages depend on the facts and the law in effect when the event occurred. Do not delay or decide not to pursue a claim based only on this website. A licensed attorney can apply the law to your situation.