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Hawaii car accident laws
Is Hawaii a no-fault state? Yes. Hawaii is a no-fault state: your own personal injury protection (PIP) pays first, with at least $10,000 required, and you can sue the other driver only past the state's threshold.
Hawaii gives you two years to file a personal injury lawsuit (Haw. Rev. Stat. § 657-7).
The legal minimum liability coverage in Hawaii is $40,000 per injured person, $80,000 per crash and $20,000 for property (40/80/20).
If you were partly at fault, your damages are reduced by your percentage of fault, but you recover nothing if your negligence is greater than the other party's (more than 50%).
Quoted from Hawaii statutes and official pages, checked October 2, 2026 · not legal advice
The rules in one table
| Rule | Hawaii | Source |
|---|---|---|
| Deadline to sue for an injury | Two years after the cause of action accrued | Haw. Rev. Stat. § 657-7 |
| Deadline for vehicle damage | Two years after the cause of action accrued | Haw. Rev. Stat. § 657-7 |
| Deadline for a wrongful death claim | Two years from the date of death | Haw. Rev. Stat. § 663-3 |
| Insurance system | no-fault; PIP required ($10,000). To sue: You can sue the at-fault driver for pain and suffering only if you died, suffered a significant permanent loss of use of a part or function of the body, suffered permanent and serious disfigurement, or your PIP-eligible medical and related expenses equal or exceed $5,000. | Haw. Rev. Stat. § 431:10C-306(a)-(b) |
| If you were partly at fault | modified comparative (51% bar). If you were partly at fault, your damages are reduced by your percentage of fault, but you recover nothing if your negligence is greater than the other party's (more than 50%). | Haw. Rev. Stat. § 663-31(a), (c) |
| Minimum liability coverage | $40,000 per person / $80,000 per crash / $20,000 property | Haw. Rev. Stat. § 431:10C-301(b)(1)-(2) (as amended by 2024 Haw. Sess. Laws Act 138) |
| Dog bites | mixed. Hawaii's statute makes an animal owner liable for injury the animal causes regardless of knowledge of its dangerous tendencies, and absolutely liable for animals dangerous by nature, but an appellate court held dogs are not dangerous by nature, so strict (absolute) liability for dog bites is limited. | Haw. Rev. Stat. § 663-9 |
| Cap on pain-and-suffering damages | $375,000 maximum for pain and suffering (physical pain and suffering from a physical injury, 663-8.5), but the limit does not apply to tort actions relating to motor vehicle accidents because 663-10.9(2)(F) lists them as an exception, so it generally does not cap car-crash claims. | Haw. Rev. Stat. § 663-8.7; § 663-10.9(2)(F) |
Deadlines can be shorter or longer for minors, for injuries found later, and for claims against a government. A lawyer licensed in Hawaii can tell you the date that applies to you.
Next steps after a Hawaii crash
How to get a Hawaii crash report (Hawaii Police Department: $1 for the first page and $0.10 for each additional page of each report (cash only). Maui County: no fees for report copies under 25 pages.).
Check your deadline and a rough claim range
A filing date and a rough value range for Hawaii. Both take under a minute.
Questions
How long do you have to sue after a car accident in Hawaii?
Two years for an injury claim (Haw. Rev. Stat. § 657-7) and two years for vehicle damage. Shorter notice rules can apply to claims against a government.
Is Hawaii a no-fault state?
Yes. Hawaii is a no-fault state: your own personal injury protection (PIP) pays first, with at least $10,000 required, and you can sue the other driver only past the state's threshold.
Can I recover if I was partly at fault in Hawaii?
Hawaii follows modified comparative (51% bar). If you were partly at fault, your damages are reduced by your percentage of fault, but you recover nothing if your negligence is greater than the other party's (more than 50%).
What is the minimum car insurance in Hawaii?
The legal minimum liability coverage in Hawaii is $40,000 per injured person, $80,000 per crash and $20,000 for property (40/80/20).
Sources
- Deadline to sue for an injury (Haw. Rev. Stat. § 657-7): data.capitol.hawaii.gov/hrscurrent/Vol13_Ch0601-0676/HRS0657/HRS_0657-0007.htm
§657-7 Damage to persons or property. Actions for the recovery of compensation for damage or injury to persons or property shall be instituted within two years after the cause of action accrued, and not after, except as provided in section 657-13.
- Deadline for vehicle damage (Haw. Rev. Stat. § 657-7): data.capitol.hawaii.gov/hrscurrent/Vol13_Ch0601-0676/HRS0657/HRS_0657-0007.htm
§657-7 Damage to persons or property. Actions for the recovery of compensation for damage or injury to persons or property shall be instituted within two years after the cause of action accrued, and not after, except as provided in section 657-13.
- Deadline for a wrongful death claim (Haw. Rev. Stat. § 663-3): data.capitol.hawaii.gov/hrscurrent/Vol13_Ch0601-0676/HRS0663/HRS_0663-0003.htm
Any action brought under this section shall be commenced within two years from the date of death of the injured person, except as otherwise provided.
- Insurance system (Haw. Rev. Stat. § 431:10C-306(a)-(b)): data.capitol.hawaii.gov/hrscurrent/Vol09_Ch0431-0435H/HRS0431/HRS_0431-0010C-030
(b) Tort liability is not abolished as to the following persons, their personal representatives, or their legal guardians in the following circumstances: (1) Death occurs to the person in such a motor vehicle accident; (2) Injury occurs to the person which consists, in whole or in part, in a significant permanent loss of use of a part or function of the body; (3) Injury occurs to the person which consists of a permanent and serious disfigurement which results in subjection of the injured person to mental or emotional suffering; or (4) Injury occurs to the person in a motor vehicle accident and…
- If you were partly at fault (Haw. Rev. Stat. § 663-31(a), (c)): data.capitol.hawaii.gov/hrscurrent/Vol13_Ch0601-0676/HRS0663/HRS_0663-0031.htm
(a) Contributory negligence shall not bar recovery in any action by any person or the person's legal representative to recover damages for negligence resulting in death or in injury to person or property, if such negligence was not greater than the negligence of the person or in the case of more than one person, the aggregate negligence of such persons against whom recovery is sought, but any damages allowed shall be diminished in proportion to the amount of negligence attributable to the person for whose injury, damage or death recovery is made.
- Minimum liability coverage (Haw. Rev. Stat. § 431:10C-301(b)(1)-(2) (as amended by 2024 Haw. Sess. Laws Act 138)): data.capitol.hawaii.gov/hrscurrent/Vol09_Ch0431-0435H/HRS0431/HRS_0431-0010C-030
(b) A motor vehicle insurance policy shall include: (1) Liability coverage of not less than $40,000 per person, with an aggregate limit of $80,000 per accident, for all damages arising out of accidental harm sustained as a result of any one accident and arising out of the ownership, maintenance, use, loading, or unloading of a motor vehicle; [...] (2) Liability coverage of not less than $20,000 for all damages arising out of damage to or destruction of property
- Dog bites (Haw. Rev. Stat. § 663-9): data.capitol.hawaii.gov/hrscurrent/Vol13_Ch0601-0676/HRS0663/HRS_0663-0009.htm
(a) The owner or harborer of an animal, if the animal proximately causes either personal or property damage to any person, shall be liable in damages to the person injured regardless of the animal owner's or harborer's lack of scienter of the vicious or dangerous propensities of the animal. (b) The owner or harborer of an animal which is known by its species or nature to be dangerous, wild, or vicious, if the animal proximately causes either personal or property damage to any person, shall be absolutely liable for such damage.
- Cap on pain-and-suffering damages (Haw. Rev. Stat. § 663-8.7; § 663-10.9(2)(F)): data.capitol.hawaii.gov/hrscurrent/Vol13_Ch0601-0676/HRS0663/HRS_0663-0008_0007.
[§663-8.7] Limitation on pain and suffering. Damages recoverable for pain and suffering as defined in section 663-8.5 shall be limited to a maximum award of $375,000; provided that this limitation shall not apply to tort actions enumerated in section 663-10.9(2).
Read October 2, 2026. Laws and fees change; the linked page is the authority.