Hawaii · Comparative fault · Updated Oct 2026

Comparative fault in Hawaii: who pays when both drivers share the blame

How modified comparative fault with a 51% bar works in Hawaii, the law behind it and how insurers apply it.

Short answer

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).

Rule
Modified (51% bar)
You recover nothing at
51% of the fault 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)
Insurance system
No-fault

Insurance and small claims in Hawaii

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.

Small claims limit for car damage in Hawaii: $5,000. Hawaii small claims guide on Small Claims Map

How fast an insurer must handle a claim in Hawaii

  • 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)).

If the insurer says you were partly at fault

  1. Get the police report. Ask the county police department that handled the crash. Reporting a crash in Hawaii and getting the police report
  2. Ask the insurer in writing what share of the fault it gave you and why, and send your photos, witness names and estimates.
  3. If the insurer blames you without a good reason, complain to Hawaii Insurance Division (Department of Commerce and Consumer Affairs).
  4. Sue before the deadline: 2 years for both property damage and injury. Deadlines to sue in Hawaii, with the calculator

Who pays in Hawaii: fault and payout explainer

Modified comparative fault (51% bar)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).

Free help in Hawaii

Questions about comparative fault in Hawaii

Is Hawaii a comparative negligence state?

Yes, modified comparative negligence with a 51% bar. Haw. Rev. Stat. § 663-31 (you recover if your fault is not greater than the other side's; damages are cut by your share)

Does fault still matter in Hawaii's no-fault system?

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. 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.

Where can I complain if an insurer blames me unfairly in Hawaii?

Hawaii Insurance Division (Department of Commerce and Consumer Affairs): https://cca.hawaii.gov/ins/complaint/ · 1-844-808-3222 (1-844-808-DCCA)

How fast must an insurer handle a car insurance claim in Hawaii?

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)).

How do I get 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).

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Sources

Last checked: Oct 24, 2026.