Car accidents in Hawaii: what to do and who pays

At the scene and reporting a crash in Hawaii

Always stop and help anyone who is hurt. Leaving the scene of a crash is a crime in every state.

When to call the police

Call the nearest police officer right away, by the quickest means, if anyone is hurt or killed or total property damage looks like $3,000 or more. If the driver can't, another occupant must. A responding officer files the written report.

Damage amount

$3,000

Report to the state

No separate driver report to a state agency was found in the statute; the police officer files the written report.

Law

Haw. Rev. Stat. § 291C-16

Official text

Read the official text

First 24 hours after a crash in Hawaii

Tick the boxes as you go, or print the list and keep it in your glove box.

Insurance system in Hawaii

Hawaii is a no-fault state for injuries: your own personal injury protection (PIP) pays your first medical bills and lost income, whoever caused the crash. You can sue the other driver for injuries only in some cases, described below.

System

No-fault

PIP, benefits and when you can sue

No-fault for injuries. Every policy must carry at least $10,000 of personal injury protection (PIP), which pays your medical and rehab costs regardless of fault. You can sue the other driver for injuries only if someone died, the injury is a significant permanent loss of use of a body part or function, a permanent and serious disfigurement causing mental or emotional suffering, or PIP benefits incurred reach $5,000. Damage to your car is still claimed from the at-fault driver or their insurer.

Law

Haw. Rev. Stat. § 431:10C-306; § 431:10C-103.5; Insurance Division Minimum Limits FAQ

Official text

Read the official text

Compare every state in the no-fault states table.

Who pays: comparative fault in Hawaii

Rule

Modified (51% bar)

What it means

In Hawaii, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more).

Law

Haw. Rev. Stat. § 663-31 (you recover if your fault is not greater than the other side's; damages are cut by your share)

Compare every state's rule in the comparative negligence table.

Who pays in Hawaii: fault and payout explainer

If both drivers share the blame, your state's comparative-fault rule decides whether you can recover and how much. Enter your share of the fault and your total damages to see what the rule means. This is an illustration, not a prediction: insurers, juries and judges decide the percentages.

Minimum insurance in Hawaii

Liability minimum

40/80/20 (since January 1, 2026; was 20/40/10) plus $10,000 PIP

Uninsured / underinsured motorist (UM/UIM)

Uninsured and underinsured motorist coverage must be offered in your bodily injury limits; you can reject it only in writing.

Official text

Read the official text

Numbers like 25/50/25 mean $25,000 for injury to one person, $50,000 for all injuries in one crash and $25,000 for property damage. Compare every state in the minimum insurance table.

Getting the police report in Hawaii

Ask the county police department that handled the crash. On Oahu, the Honolulu Police Department Records Division handles copies; for motor vehicle collision reports call 808-723-3258 first to see if the report can be released. Fees: $0.50 first page, $0.25 each extra page; no card payments. Include a copy of your government ID. https://www.honolulupd.org/police-reports/ (Hawaii County, Maui and Kauai: contact that county's police).

No confirmed online way to order a report in Hawaii? Ask by mail with our free police report request letter.

Filing a claim and insurer deadlines in Hawaii

How fast insurers must act

Insurers must respond to claim communications within 15 working days, offer payment within 30 calendar days after accepting liability when the amount is not in dispute, and give the insured a written explanation of the delay on any claim still unresolved 30 days after it was reported (Haw. Rev. Stat. § 431:13-103(a)(11)). PIP benefits must be paid or denied in writing within 30 days of reasonable proof; late PIP benefits earn 1.5% interest per month (§ 431:10C-304(3)-(4)).

Put your claim in writing. Our free insurance claim letter lists your damages and asks for a written answer, within 15 working days for Hawaii where our data gives a day count.

If the other driver has no insurance in Hawaii

Driving without insurance: $500 fine for a first offense (at least $2,000 for repeats within 5 years), plus a 3-month license suspension or a required 6-month nonrefundable policy (Haw. Rev. Stat. § 431:10C-117). If the other driver is uninsured, your own PIP pays medical costs first; your uninsured motorist coverage (unless you rejected it in writing) can pay for injuries; collision coverage can pay for your car.

Read what to do if you are hit by an uninsured driver.

Deadlines to sue in Hawaii

Property damage (your car)

2 years

Injury

2 years

Notes, including claims against a government

Tort claims against the State of Hawaii must be filed within 2 years (HRS § 662-4). Before a county can be liable, you must give the county written notice of the injury or damage, with when, where and how it happened and the amount claimed, within 2 years (HRS § 46-72).

Law

Haw. Rev. Stat. § 431:10C-315(b) (tort suits from a motor vehicle accident: the later of 2 years after the accident or 2 years after the last no-fault or other benefits payment); § 657-7

The deadline is the statute of limitations. Insurance claims and talks with an adjuster don't stop it. Compare every state in the deadlines table.

Deadline to sue in Hawaii

Every state limits how long you have to file a lawsuit after a car crash. This is the statute of limitations. Choose your state, the type of claim and the date of the crash to see the usual deadline and the last day to file. Nothing you type here is sent anywhere.

Small claims for property damage in Hawaii

Small claims limit

$5,000.

Hawaii small claims guide on Small Claims Map

Small claims court can be a way to recover the cost of repairs from the driver who caused the crash. Read how to use small claims for car damage.

Insurance complaints in Hawaii

If an insurer delays, underpays or denies a claim without a good reason, you can file a complaint with the state insurance regulator:

• Hawaii Insurance Division (Department of Commerce and Consumer Affairs) · 1-844-808-3222 (1-844-808-DCCA)

Free help in Hawaii

• Hawaii Insurance Division · 1-844-808-3222
• Honolulu Police Department – police reports · 808-723-3258

Good to know in Hawaii

• Minimum liability limits doubled to 40/80/20 on January 1, 2026, for new and renewing policies (Insurance Division FAQ; Act 138, 2024).
• The crash notice threshold is $3,000 in total apparent damage, higher than most states (HRS § 291C-16).
• Insurers must offer you the option to stack uninsured and underinsured motorist coverage (HRS § 431:10C-301(d)).

Changes in 2024–2026

Act 138 (2024) raised minimum liability limits from 20/40/10 to 40/80/20 for policies new or renewed on or after January 1, 2026 (HRS § 431:10C-301(b); Insurance Division Minimum Limits FAQ).

Free letters

Questions about car accidents in Hawaii

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