EnglishEspañol
Hit and Run LawsTraffic LawsCriminal LawHawaii Laws flagHawaii Laws
Hawaii flag

Hawaii

Hawaii Hit and Run Laws: Penalties and What to Do

By Recording Law Editorial TeamReviewed September 24, 20269 min read
Hawaii Hit and Run Laws: Penalties and What to Do

Hawaii classifies leaving the scene of an accident under a four-tier system anchored in HRS 291C-12. Penalties range from a petty misdemeanor for a first property-damage offense up to a Class B felony carrying 10 years in prison and a $25,000 fine when the crash causes serious bodily injury or death.

Hurt in a hit-and-run? If the driver who hit you fled or had no insurance, your own uninsured/underinsured-motorist (UM/UIM) coverage may pay your injury claim. Estimate what it could be worth with our free Hawaii Car Accident Settlement Calculator.

Understanding Hawaii Hit and Run Laws

Last verified: March 2026. This guide reflects Hawaii Revised Statutes (HRS) Chapter 291C.

Hawaii hospital emergency entrance sign illuminated at twilight

Hawaii requires every driver involved in a collision to stop, provide identification, and render assistance to anyone who is injured. The Aloha State uses a tiered penalty system that distinguishes between property damage, bodily injury, substantial bodily injury, and serious bodily injury or death. Hawaii also imposes unique surcharges on hit and run convictions that fund specialized medical care for trauma and brain injury victims.

This guide covers every penalty tier, your legal obligations, reporting thresholds, insurance rules, statute of limitations deadlines, and available defenses.

Penalty Tiers for Hit and Run in Hawaii

Hawaii divides hit and run penalties into four tiers based on the severity of injury or damage.

Property Damage Only (HRS 291C-13)

Leaving the scene of a collision that results only in damage to a vehicle or property is a crime under HRS 291C-13, punished under HRS 291C-161(d). Neither section names a grade, so under HRS 701-107(4) a first or second offense, with a jail maximum of 30 days or less, is a petty misdemeanor. Penalties escalate with repeat offenses.

First conviction:

  • Fine: Up to $250
  • Jail: Up to 10 days
  • Trauma system surcharge: Up to $100

Second conviction within one year:

  • Fine: Up to $300
  • Jail: Up to 20 days

Third or subsequent conviction within one year:

  • Fine: Up to $500
  • Jail: Up to 6 months

Bodily Injury (HRS 291C-12.6)

Leaving the scene of a collision that causes bodily injury to any person is a misdemeanor.

  • Jail: Up to 1 year
  • Fine: Up to $2,000
  • Neurotrauma surcharge: $100 mandatory
  • Trauma system surcharge: Up to $100

"Bodily injury" means physical pain, illness, or any impairment of physical condition. This covers injuries like bruises, minor cuts, and sprains that do not pose a risk of death or long-term impairment.

Substantial Bodily Injury (HRS 291C-12.5)

"Substantial bodily injury" falls between ordinary bodily injury and serious bodily injury. It includes injuries that cause a major or protracted disfigurement, protracted health impairment, or protracted loss of a bodily function. Leaving the scene after causing substantial bodily injury is a Class C felony.

  • Prison: Up to 5 years
  • Fine: Up to $10,000
  • Neurotrauma surcharge: $250 mandatory
  • Trauma system surcharge: Up to $250

Serious Bodily Injury or Death (HRS 291C-12)

"Serious bodily injury" means a physical condition that creates a substantial risk of death or causes serious, permanent disfigurement or protracted loss or impairment of a bodily function. Fleeing the scene after causing serious injury or death is a Class B felony.

  • Prison: Up to 10 years
  • Fine: Up to $25,000
  • Neurotrauma surcharge: $500 mandatory
  • Trauma system surcharge: Up to $500 additional
  • License revocation: Mandatory

Class B felony sentencing in Hawaii can result in an indeterminate prison term, meaning the Hawaii Paroling Authority determines the actual release date.

Under HRS 291C-14, every driver involved in a collision must take the following steps.

Stop immediately. Pull over at the scene of the collision or as close to the scene as possible without obstructing traffic unnecessarily.

Remain at the scene. Stay until you have fulfilled all legal requirements.

Provide your information. Give the other driver, property attendant, or responding officer your name, address, and vehicle registration number. Show your driver's license upon request.

Render reasonable assistance. If anyone is injured, provide reasonable assistance. This includes calling 911 and helping arrange transportation to a hospital or medical facility.

If You Hit an Unattended Vehicle or Property (HRS 291C-15)

If you collide with an unattended vehicle or property and cannot locate the owner:

  1. Attach a written notice securely in a conspicuous place on the vehicle or property.
  2. The notice must include your name, address, and vehicle registration number.
  3. Notify the nearest police office without unnecessary delay.

Reporting Requirements (HRS 291C-16)

You must immediately notify law enforcement if a collision:

  • Results in death or injury to any person
  • Causes property damage of $3,000 or more

Failure to report a qualifying collision is a separate punishable offense. This reporting requirement applies in addition to your duty to stop and provide assistance.

The $3,000 threshold is notably higher than many other states. However, even if property damage falls below this amount, you are still required to stop and exchange information under HRS 291C-13.

Special Surcharges for Hit and Run

Hawaii imposes unique surcharges on hit and run convictions to fund specialized medical care.

Neurotrauma Special Fund

A mandatory surcharge is deposited into the neurotrauma special fund, which supports care for brain and spinal cord injury victims.

  • Class B felony (serious injury/death): $500 mandatory
  • Class C felony (substantial injury): $250 mandatory
  • Misdemeanor (bodily injury): $100 mandatory

Trauma System Special Fund

An additional surcharge may be deposited into the trauma system special fund, which supports emergency trauma care statewide.

  • Class B felony (serious injury/death): Up to $500
  • Class C felony (substantial injury): Up to $250
  • Misdemeanor (bodily injury) and property damage offenses: Up to $100

These surcharges are imposed in addition to fines, imprisonment, and any other penalties.

Statute of Limitations

Civil Claims

  • Personal injury: 2 years from the date of the accident
  • Property damage: 2 years from the date of the accident
  • Wrongful death: 2 years from the date of death

Hawaii's 2-year deadline for property damage is shorter than many states. Act quickly to preserve your legal rights.

Criminal Prosecution

  • Petty misdemeanor offenses (including a first or second property-damage hit and run): 1 year
  • Misdemeanor offenses (including the bodily injury tier): 2 years
  • Class C felony (substantial injury): 3 years
  • Class B felony (serious injury/death): 3 years

These periods come from HRS 701-108(2). The 6-year period applies only to Class A felonies, so both felony hit and run tiers fall under the 3-year "any other felony" period.

Insurance Rules in Hawaii

Hawaii operates a no-fault insurance system for motor vehicle accidents.

Personal Injury Protection (PIP). Hawaii requires every driver to carry at least $10,000 in PIP coverage per person. After a collision, your own PIP policy pays for your medical expenses regardless of who caused the crash. PIP coverage in Hawaii applies to the driver, passengers, and pedestrians struck by the vehicle.

Liability insurance minimums:

  • $20,000 per person for bodily injury
  • $40,000 per accident for bodily injury
  • $10,000 per accident for property damage

When you can sue the other driver. Hawaii's no-fault system limits your ability to file a lawsuit against the at-fault driver. You can only sue if your injuries meet certain thresholds, generally involving medical expenses exceeding PIP limits or injuries resulting in significant permanent impairment.

Modified comparative negligence. Hawaii follows a modified comparative negligence rule under HRS 663-31. Your damages are reduced by your percentage of fault. If your fault is greater than the other party's, meaning more than 50%, you are barred from recovering any compensation.

Uninsured motorist coverage. If a hit and run driver is never identified, your uninsured motorist (UM) policy can cover your losses. Hawaii requires insurers to offer UM coverage, though drivers may decline it in writing. If you kept that coverage and the driver is never found, ask a Hawaii car accident lawyer for a free claim review of the UM claim with your own insurer (attorney advertising).

Juvenile Offenders

Depending on the severity of the offense, a minor involved in a hit and run may be:

  • Processed through the juvenile justice system for less serious offenses
  • Tried as an adult for offenses that would be felonies if committed by an adult, such as hit and run causing serious injury or death

Parents or guardians should contact a defense attorney immediately and report the incident to law enforcement if a minor is involved in a hit and run.

Common Defenses to Hit and Run Charges

To secure a conviction, prosecutors must prove that you drove the vehicle, the vehicle was involved in a collision, and you knowingly left the scene without fulfilling your legal duties. Common defenses include:

  • Lack of knowledge: You genuinely did not know you were involved in a collision. This defense is more plausible for low-speed incidents or collisions with parked vehicles.
  • Safety concerns: You left the scene because you reasonably feared for your physical safety.
  • No injury or damage: The collision did not actually result in injury, death, or property damage.
  • Not the driver: Someone else was operating your vehicle at the time of the collision.
  • Involuntary departure: You did not leave the scene voluntarily (for example, a medical emergency forced you to seek treatment).
  • Compliance: You fulfilled all legal requirements before leaving the scene.

Each case depends on its specific facts. Consult with a defense attorney to discuss your situation.

Hawaii Traffic Crash Statistics

According to IIHS and NHTSA data for 2023:

  • Total traffic deaths: 93
  • Death rate: 6.5 per 100,000 population (well below the national average)
  • Deaths per 100 million vehicle miles: 0.89 (among the lowest in the nation)
  • Pedestrian deaths: 22 (24%)
  • Motorcyclist deaths: 27 (29%)
  • Bicyclist deaths: 8 (9%, highest percentage in the nation)
  • Single-vehicle crashes: 71% (highest in the nation)
  • Alcohol involvement: Approximately 51% of fatally injured drivers had a BAC of 0.08% or higher (highest in the nation)
  • Urban crashes: 91% of fatalities

Hawaii's high rate of alcohol involvement in fatal crashes and the significant proportion of motorcyclist and bicyclist deaths are ongoing safety concerns. The islands' geography, favorable riding weather, and high motorcycle usage contribute to these statistics.

More Hawaii Laws

Frequently Asked Questions

What should I do if someone hits my car and drives off in Hawaii?

Call 911 immediately. Document everything you can: the fleeing vehicle's license plate, make, model, color, and any description of the driver. Collect contact information from witnesses and take photos of the damage. Do not chase the fleeing driver. File a police report and contact your insurance company as soon as possible.

What is the difference between bodily injury, substantial bodily injury, and serious bodily injury in Hawaii?

Bodily injury means physical pain, illness, or any impairment of physical condition (misdemeanor). Substantial bodily injury involves major disfigurement or protracted health impairment (Class C felony, up to 5 years). Serious bodily injury creates a substantial risk of death or causes permanent disfigurement or protracted loss of a bodily function (Class B felony, up to 10 years). The injury classification directly determines the severity of criminal charges.

Will my license be revoked for a hit and run in Hawaii?

Mandatory license revocation applies to hit and run involving serious bodily injury or death (Class B felony under HRS 291C-12). HRS 291C-12.5 (substantial bodily injury, Class C felony), HRS 291C-12.6 (bodily injury), and HRS 291C-13 (property damage) contain no revocation provision of their own.

What is the neurotrauma surcharge?

Hawaii imposes a mandatory surcharge on hit and run convictions that funds the neurotrauma special fund. This fund supports care for brain and spinal cord injury victims. The surcharge is $500 for Class B felony offenses (serious injury or death), $250 for Class C felony offenses (substantial injury), and $100 for the misdemeanor bodily injury tier. This surcharge is paid in addition to all other fines and penalties.

Does Hawaii's no-fault insurance cover me if a hit and run driver is never found?

Your PIP insurance covers your medical expenses up to $10,000 per person regardless of who caused the crash. For damages beyond PIP limits, you would need uninsured motorist (UM) coverage. Hawaii requires insurers to offer UM coverage, but you may have declined it. If you do not have UM coverage and the hit and run driver is never identified, your options for additional compensation are limited.

Updates

Corrected the criminal filing deadline for felony hit and run (3 years, not 6), the grade and deadline for a first or second property-damage offense, and the trauma surcharge for the substantial-injury tier, and removed an unsupported discretionary license revocation claim.

Fixed the HRS 663-31 comparative-negligence bar (it applies at 51%+ fault, not '50% or more') and restored the mandatory $100 neurotrauma-fund surcharge on the misdemeanor bodily-injury tier, which had been dropped from the penalty box, the Neurotrauma Special Fund summary, and the FAQ answer.

Governing law re-checked for recent changes

Sources and References

  1. HRS 291C-12: Collisions Involving Death or Serious Bodily Injury(capitol.hawaii.gov).gov
  2. HRS 291C-12.5: Collisions Involving Substantial Bodily Injury (2024)(law.justia.com)
  3. HRS 291C-12.6: Collisions Involving Bodily Injury(capitol.hawaii.gov).gov
  4. HRS 291C-13: Collisions Involving Damage to Vehicle or Property(capitol.hawaii.gov).gov
  5. HRS 291C-14: Duty to Give Information and Render Aid(data.capitol.hawaii.gov).gov
  6. HRS 663-31: Modified Comparative Negligence(capitol.hawaii.gov).gov
  7. NHTSA Traffic Safety Data(nhtsa.gov).gov
  8. IIHS Highway Safety Data(iihs.org)
  9. HRS 701-108: Time Limitations(data.capitol.hawaii.gov)
  10. HRS 701-107: Grades and Classes of Offenses(data.capitol.hawaii.gov)
  11. HRS 291C-161: Penalties(data.capitol.hawaii.gov)
  12. HRS 291C-12.5: Collisions Involving Substantial Bodily Injury(data.capitol.hawaii.gov)
Share:

Paid attorney referral. RecordingLaw may receive compensation when you use an attorney-help link. RecordingLaw is not a law firm. Submitting a request does not guarantee that an attorney will accept your case and does not create an attorney-client relationship.