Car accident injury claims in Hawaii

Hawaii at a glance

Fault rule

Modified comparative — 51% bar

You can recover only if you were 50% or less at fault; your award is reduced by your share.

No-fault state?

Yes

Your own PIP coverage pays for injuries first, regardless of who caused the crash.

PIP / no-fault coverage

$10,000 medical-rehabilitative minimum per person per accident (mandatory; layered funeral / death-benefit / survivor's-loss / monthly-earnings-loss components — specific caps unverified)

Threshold to step outside no-fault

Applies

MANDATORY (not election-based) under HRS § 431:10C-306: noneconomic damages recoverable only on (a) death; (b) significant permanent loss of use of a body part/function; (c) permanent serious disfigurement which results in subjection to mental or emotional suffering; OR (d) PIP medical-rehabilitative expenses exceeding the statutory limit (preliminary $5,000 — unverified, may have been amended). Economic damages (incl. PD/DV) recoverable without clearing the threshold.

Minimum liability coverage

40/80/20 + PIP $10,000 (eff. 1/1/2026 per Act 138, 2024 Reg. Sess.): $40K BI per person / $80K BI per accident / $20K PD; PIP $10,000 medical-rehabilitative unchanged. Pre-1/1/2026 policies subject to legacy 20/40/10 until renewal. UM/UIM mandatorily offered under § 431:10C-301(d).

Time limit for an injury claim

2 years

Generally measured from the date of the accident.

How fault works in Hawaii

HRS § 663-31 is modified 51%-bar comparative fault: contributory negligence is not a bar 'if such negligence was not greater than the negligence of the person... against whom recovery is sought' (§ 663-31(a)); § 663-31(c) directs judgment for the defendant if the plaintiff's proportion is greater. Plaintiff at exactly 50% RECOVERS 50%; plaintiff at 51%+ is BARRED. Anchored by Steigman v. Outrigger Enterprises (Haw. 2011) + Wong v. Hawaiian Scenic Tours (Haw. 1982). HI = 13th state in the modified 51%-bar cluster (OH/IL/MA/MN/WV/OR/HI). § 663-31 also provides modified joint-and-several liability for specific damage categories (unverified refinement).

Paying for injuries in Hawaii

Hawaii is a mandatory no-fault state (one of ~12). HRS § 431:10C-103.5 / § 431:10C-302 mandate a $10,000 medical-rehabilitative PIP minimum per person per accident (plus layered funeral/death-benefit/survivor's-loss/monthly-earnings-loss components), paid regardless of fault under § 431:10C-304. § 431:10C-306 imposes a MANDATORY (not election-based) tort threshold gating noneconomic damages; economic damages (incl. PD/DV) are recoverable without clearing it. Overdue PIP benefits carry ~18%/yr interest under § 431:10C-304(b) after 30 days from proof-of-loss; § 431:10C-211 awards mandatory attorney's fees to a prevailing PIP claimant.

Hawaii injury claims — common questions

Is Hawaii a no-fault state?

Yes. Hawaii is a no-fault state, which means your own Personal Injury Protection (PIP) coverage pays for your medical bills and certain losses first, regardless of who caused the crash. You can step outside the no-fault system to pursue the at-fault driver only if your injuries meet a legal threshold.

What is Hawaii's fault rule for a car accident?

Hawaii follows modified comparative — 51% bar. You can recover only if you were 50% or less at fault; your award is reduced by your share.

How long do I have to file an injury claim in Hawaii?

In Hawaii the statute of limitations for a personal-injury claim is generally 2 years from the date of the accident. Miss it and the claim is usually barred for good — separate from any deadlines your insurer sets.