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Hawaii car accident law: deadlines, fault and your claim

Hawaii gives you two years to sue after a crash and bars recovery above 50% fault. It is a no-fault state: you can sue the other driver only for a serious injury or once PIP benefits reach $5,000.

Last reviewed By the Editorial team 5 min read

General information, not legal advice. Talk to a licensed attorney in your state.

Quick answer

In Hawaii you generally have 2 years to sue after a crash for injuries or vehicle damage, and 2 years from the date of death for wrongful death. Hawaii is a no-fault state: your own Personal injury protection (PIP). Coverage under your own policy that pays medical bills and some lost income after a crash, whoever caused it. Glossary pays first, and you can sue the at-fault driver over injuries only after a death, a serious permanent injury or disfigurement, or once your PIP benefits reach $5,000. If you were more than 50% at fault, you recover nothing.

Hawaii law at a glance

Checked against official sources · October 2026

ClaimDeadline or ruleThe law
Injury2 yearsHaw. Rev. Stat. § 657-7; § 431:10C-315(b)
Vehicle or property damage2 yearsHaw. Rev. Stat. § 657-7
Wrongful death2 yearsfrom the date of deathHaw. Rev. Stat. § 663-3
Shared fault51% bar Modified comparative fault (51% bar)Haw. Rev. Stat. § 663-31(a)

Your share of fault is compared with the combined (aggregate) fault of all the defendants you sue.

Key facts

Injury lawsuit deadline
2 yearsFrom the crash or the last PIP payment, whichever is later
Vehicle damage deadline
2 yearsHaw. Rev. Stat. § 657-7
Wrongful death deadline
2 years, from the date of deathHaw. Rev. Stat. § 663-3
Fault rule
Modified comparative: barred above 50%Haw. Rev. Stat. § 663-31(a)
Notice to a county
Written notice within 2 yearsHRS § 46-72
Minimum liability insurance
$40,000 / $80,000 / $20,000Per person / per crash / property
Insurance system
No-fault$10,000 of PIP required
Traffic deaths in Hawaii, 2024
102IIHS count
State bar referral line
(808) 537-9140Referrals are free

Filing deadlines in Hawaii#

Hawaii's general Statute of limitations. The law that sets the last day to file a lawsuit. After it passes, a court will usually dismiss the case, however strong it is. Glossary for injury and property damage is 2 years. For lawsuits over motor vehicle crashes, HRS § 431:10C-315 sets the deadline at two years after the crash, or after the last payment of no-fault (PIP) or optional added benefits, workers' compensation or public assistance for the crash, whichever is later. Because PIP payments can go on for months, the deadline can end later than two years after the crash.

ClaimDeadlineLaw
Personal injury2 yearsHaw. Rev. Stat. § 657-7; § 431:10C-315(b)
Damage to your vehicle or other property2 yearsHaw. Rev. Stat. § 657-7
Wrongful death2 years from the date of deathHaw. Rev. Stat. § 663-3
Claim against a countyWritten notice within 2 yearsHRS § 46-72
Lawsuit against the StateWithin 2 years after the claim accruesHRS § 662-4

Minors get extra time: under HRS § 657-13, a person injured before 18 can sue within the usual time after turning 18, or at any time before. This is a form of Tolling. Pausing the limitations clock, for example while the injured person is a child. Glossary.

Claims against government bodies are allowed only as far as Sovereign immunity. The rule that governments cannot be sued unless a law allows it. Tort claims acts allow some claims, with limits. Glossary has been waived. For a crash involving a county vehicle or road, HRS § 46-72 calls for written notice to the official named in the county charter (or the council chair or county clerk), saying when, where and how the injuries happened, their extent and the amount claimed. A tort lawsuit against the State must begin within 2 years after the claim accrues.

How fault is shared in Hawaii#

Under Haw. Rev. Stat. § 663-31(a), Hawaii uses Modified comparative fault. Comparative negligence with a cut-off: once your share of blame reaches the state's bar (50% or 51%), you recover nothing. Glossary. Your damages are reduced by your share of fault, and you recover nothing if your negligence was greater than that of the people you sue. Your share of fault is compared with the combined (aggregate) fault of all the defendants you sue.

Try the fault-rule explainer to see how Hawaii compares with other states.

Insurance in Hawaii#

Hawaii drivers must carry liability insurance of at least $40,000 per person and $80,000 per crash for injuries, plus $20,000 for property damage. Every policy also includes personal injury protection with a limit of $10,000 per person, which pays for treatment after a crash whoever caused it.

  • Uninsured motorist coverage. Must be offered at liability limits; can be rejected in writing.
  • Underinsured motorist coverage. Must be offered; can be rejected in writing.

The Insurance Information Institute estimates that 9.6% of Hawaii drivers were uninsured in 2023, below the national 15.4%. The who pays medical bills guide explains how PIP, health insurance and liability coverage fit together. Questions about an insurer can go to the Hawaii Department of Commerce and Consumer Affairs, Insurance Division at (808) 586-2790.

After a crash in Hawaii#

If a collision injures or kills anyone, or causes apparent total property damage of $3,000 or more, the driver must give notice immediately, by the quickest means, to the nearest police officer.

Each county has its own police department, and the department that handled the crash keeps the report. On Oahu, the Honolulu Police Department (HPD) keeps it: request it from the Records Division by email, by mail or in person at 801 South Beretania Street, with a copy of your government-issued ID. Honolulu charges $0.50 for the first page and $0.25 for each additional page. HPD releases a report only after the investigation is complete, so it suggests calling the Records Division first. The police report guide explains how to read a report.

Special rules in Hawaii#

The no-fault tort threshold. HRS § 431:10C-306 abolishes tort liability for crash injuries, with exceptions. You can still sue the at-fault driver if the crash causes death, a significant permanent loss of use of a part or function of the body, or permanent and serious disfigurement that causes mental or emotional suffering. You can also sue once the PIP benefits incurred for your injury equal or exceed $5,000; the statute spells out which payments count toward that amount. That makes Hawaii what the Insurance Information Institute calls a monetary-threshold state, a type of Serious injury threshold. A rule in some no-fault states that lets you sue the at-fault driver for pain and suffering only if your injury meets a legal definition of serious, or a dollar level of medical bills. Glossary.

PIP payments move the deadline. Because the lawsuit deadline runs from the last PIP payment when that is later than the crash, keeping track of payment dates matters in Hawaii.

Crashes on Hawaii roads#

IIHS counted 102 motor vehicle crash deaths in Hawaii in 2024, or 7.1 per 100,000 people, against a national rate of 11.5 per 100,000 people. IIHS classed 42% of those deaths as speeding-related and 13% as on rural roads. It also estimates that 49% of passenger vehicle drivers killed had a blood alcohol level of 0.08% or higher.

Finding a lawyer in Hawaii#

The Hawaii State Bar Association runs a Lawyer Referral & Information Service (LRIS) at (808) 537-9140, with details on its referral page. Referrals are free; you discuss terms and costs with the lawyer you are referred to. The HSBA member directory shows whether a lawyer can actively practice in Hawaii. See how to check a lawyer's license for what else to look for.

Questions people ask

What is the statute of limitations for a car accident in Hawaii?

Generally 2 years. For crash injury lawsuits, the period ends two years after the crash, or after the last payment of no-fault (PIP) or optional added benefits, workers' compensation or public assistance for the crash, whichever is later. Wrongful death claims have 2 years from the date of death.

Is Hawaii a no-fault state?

Yes. Your own PIP pays for treatment up to $10,000 whoever caused the crash. Lawsuits against the at-fault driver over injuries are allowed only in the cases listed in the next answer.

When can I sue for pain and suffering after a crash in Hawaii?

When the crash causes death, a significant permanent loss of use of a part or function of the body, or permanent and serious disfigurement that causes mental or emotional suffering, or once the PIP benefits incurred for your injury reach $5,000.

Can I recover if I was partly at fault in Hawaii?

Yes, as long as your negligence was not greater than that of the people you sue, taken together. Your damages are reduced by your share of fault.

How do I get a police report after a crash in Honolulu?

Request it from HPD's Records Division by email, mail or in person, with a copy of your government-issued ID. Copies cost $0.50 for the first page and $0.25 per extra page.

How do I find a lawyer in Hawaii?

Call the Hawaii State Bar Association's referral service at (808) 537-9140. Referrals are free, and the HSBA member directory shows whether a lawyer can practice in Hawaii.

Sources

  1. Hawaii State Legislature, HRS § 431:10C-306 — abolition of tort liability and its exceptions
  2. Hawaii State Legislature, HRS § 663-31 — contributory negligence compared with all defendants
  3. Honolulu Police Department, Police Reports — requesting report copies
  4. Hawaii State Legislature, Hawaii Revised Statutes § 657-7 — as of October 2026
  5. Hawaii State Legislature, Hawaii Revised Statutes § 663-3 — as of October 2026
  6. Hawaii Revised Statutes, § 46-72 — as of October 2026
  7. Hawaii State Bar Association, Lawyer Referral & Information Service — as of October 2026
  8. Hawaii Revised Statutes, § 431:10C-315(b) — as of October 2026
  9. Hawaii Revised Statutes, § 662-4 — as of October 2026
  10. Hawaii Revised Statutes, § 657-13 — as of October 2026
  11. Insurance Information Institute, Facts + Statistics: Uninsured motorists — as of October 2026
  12. Hawaii Revised Statutes, § 291C-16 — as of October 2026
  13. Hawaii Revised Statutes, Section 431:10C-301 (required motor vehicle policy coverage) — as of October 2026
  14. Insurance Information Institute, Background on: No-fault auto insurance — as of October 2026
  15. Hawaii Revised Statutes, Section 431:10C-103.5 (personal injury protection benefits; limits) — as of October 2026
  16. IIHS, Fatality Facts 2024: State by state — as of June 2026
  17. Hawaii Department of Commerce and Consumer Affairs, Insurance Division, Motor Vehicle Insurance Information — as of February 2026
  18. Hawaii Insurance Division, 2026 Motor Vehicle Insurance Premium Comparison guide — as of January 2026

Last reviewed October 29, 2026 by the Accident Claim Facts editorial team. Found an error? Tell us.

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