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Hawaii accident law

Hawaii car accident settlement calculator

Hawaii is a no-fault state that uses modified comparative negligence, 51% bar. You generally have 2 years to file an injury lawsuit. The calculator below applies these rules to your numbers.

Checked against official sources November 5, 20266 cited sourcesHow we calculate

Injury lawsuit deadline2 yearsHRS 657-7; HRS 663-3; HRS 46-72
Fault ruleModified (51% bar)HRS 663-31(a)
Insurance systemNo-faultPIP required
Minimum liability40/80/20thousands of dollars

Hawaii settlement estimate

How serious is the injury?
Moderate: months of treatment, full recovery. Typical multiplier 2 to 3.
Applied to your medical bills. Set by the injury above, adjust if you like.
Leave at 0 if unknown.
Lawyer fee, costs and liens
Estimated amount to you
$46,500

Likely range depends on the injury

Economic damages
$16,500
Pain and suffering
$30,000
Injury claim value
$46,500
After your share of fault
$46,500
Attorney fee and costs
$0
Liens repaid
$0

Hawaii: Modified comparative negligence, 51% bar, no-fault state.

An estimate, not legal advice. Deadlines can be shorter in some situations, for example for claims against a city or state agency. Talk to a Hawaii attorney about your case.

Hawaii filing deadlines

ClaimDeadline
Personal injury lawsuit2 years
Vehicle and property damage2 years
Wrongful death2 years
Notice of a claim against a governmentClaims against a county: written notice within 2 years after the injuries accrued (HRS 46-72).
HRS 657-7; HRS 663-3; HRS 46-72. Counted from the accident date in most cases.

If you were partly at fault

Hawaii follows modified comparative negligence, 51% bar. Your damages are reduced by your percentage of fault, and you recover nothing if you were more at fault than the other side (51% or more). At exactly 50% you still recover half.

  • With $100,000 in damages and 30% of the fault, you would recover $70,000.
  • With 55% of the fault, you would recover $0, because the rule bars your claim.

Recovery allowed at exactly 50%; damages diminished in proportion to plaintiff's negligence.

Source: HRS 663-31(a). Compare all states in the comparative negligence table.

No-fault state

Your own personal injury protection pays your medical bills and lost wages first, with a required minimum of $10,000 per person aggregate (medical and rehabilitative). The threshold to claim pain and suffering from the at-fault driver: Tort liability for injury is abolished unless: death; significant permanent loss of use of a body part or function; permanent and serious disfigurement causing mental or emotional suffering; or PIP benefits incurred equal or exceed $5,000 (monetary threshold). Property damage claims are not restricted.

Minimum car insurance in Hawaii

$40,000 per person and $80,000 per accident for injuries, $20,000 for property damage, effective January 1, 2026. Uninsured motorist coverage is optional or can be rejected in writing.

Many drivers carry only the minimum, so the bodily injury limit is often the most the at-fault driver's insurer will pay one person. Raised from 20/40/10 for new and renewal policies effective on or after Jan 1, 2026. UM coverage at the BI limits must be included but 'shall not be applicable where any named insured in the policy shall reject the coverage in writing'; UIM must be offered with written rejection. Not mandatory.

Damage caps

Hawaii does not cap pain and suffering in ordinary car accident cases.

Hawaii caps pain and suffering at $375,000 in general tort cases (HRS 663-8.7), but the cap does not apply to motor vehicle accident cases (HRS 663-10.9).

Dog bite law

Mixed rule. In practice the victim still proves negligence or causation without needing to show prior viciousness. Not pure strict liability.

Source: HRS 663-9. Estimate a claim with the dog bite calculator.

Frequently asked questions

How long do I have to file a car accident claim in Hawaii?

2 years from the accident for an injury lawsuit and 2 years for vehicle damage (HRS 657-7; HRS 663-3; HRS 46-72). Insurance claims should be reported much sooner, and claims against a government agency can have shorter notice deadlines.

Is Hawaii a no-fault state?

Yes. Your own personal injury protection (PIP) pays your medical bills and lost wages first, whoever was at fault. To sue for pain and suffering: Tort liability for injury is abolished unless: death; significant permanent loss of use of a body part or function; permanent and serious disfigurement causing mental or emotional suffering; or PIP benefits incurred equal or exceed $5,000 (monetary threshold). Property damage claims are not restricted.

What happens if I was partly at fault in Hawaii?

Hawaii follows modified comparative negligence, 51% bar (HRS 663-31(a)). Your damages are reduced by your percentage of fault, and you recover nothing if you were more at fault than the other side (51% or more). At exactly 50% you still recover half.

What is the minimum car insurance in Hawaii?

$40,000 per person and $80,000 per accident for injuries, $20,000 for property damage (40/80/20), effective January 1, 2026.

Does Hawaii cap pain and suffering damages?

Not in ordinary car accident cases. Hawaii caps pain and suffering at $375,000 in general tort cases (HRS 663-8.7), but the cap does not apply to motor vehicle accident cases (HRS 663-10.9).

Sources

Checked against official Hawaii sources November 5, 2026.

  1. Hawaii statute of limitations: HRS 657-7; HRS 663-3; HRS 46-72
  2. Hawaii comparative fault: HRS 663-31(a)
  3. Hawaii insurance system: HRS 431:10C-103.5(c); 431:10C-306(a), (b), (f)
  4. Hawaii minimum liability insurance: HRS 431:10C-301(b)(1)-(3); Hawaii Insurance Division FAQ: Auto Insurance Minimum Limits
  5. Hawaii damage caps: HRS 663-8.7; 663-10.9(2)(F)
  6. Hawaii dog bite liability: HRS 663-9