Hawaii Car Accident Laws: No-Fault, PIP, and Your Claim

Hawaii is a no-fault state where your own Personal Injury Protection (PIP) coverage pays your medical and rehabilitation bills first regardless of who caused the crash, and you can only step outside the no-fault system to sue for pain and suffering if you clear a monetary or verbal serious-injury threshold under HRS 431:10C-306. Hawaii follows modified comparative negligence with a 51% bar.

Is Hawaii a no-fault or at-fault state?

Hawaii is one of the 12 traditional no-fault states in the United States. Under HRS 431:10C-306 (titled "Abolition of tort liability"), the law abolishes the tort liability of owners, operators, and users of insured motor vehicles for accidental bodily harm arising from Hawaii motor-vehicle accidents, with specific exceptions. Because of this abolition, your starting point after a crash is your own Personal Injury Protection (PIP) coverage, which pays your accident-related medical and rehabilitation expenses regardless of who was at fault.

The no-fault system does not cover everything, and it does not protect the at-fault driver from all liability. Property-damage tort liability is explicitly preserved under HRS 431:10C-306(f), so you can always bring a claim against the at-fault driver for vehicle repair costs and other property losses. For bodily injury, you must clear a threshold before you may file a pain-and-suffering tort lawsuit. Hawaii uses both a monetary threshold and a verbal threshold, explained in detail below. If your injuries are minor and do not meet either threshold, your recovery for medical costs is limited to what PIP provides.

How fault is shared: Hawaii's negligence rule

Hawaii follows modified comparative negligence with a 51% bar under HRS 663-31. Under this rule, you may recover damages only if your share of fault for the accident is 50% or less. If a court determines that you were 51% or more responsible for the crash, you are completely barred from recovering any compensation for your injuries. If you are 50% or less at fault, your total damages award is reduced in proportion to your percentage of fault.

To illustrate: if a jury awards you $120,000 in damages but finds you 25% at fault for the collision, your net recovery is reduced to $90,000. This rule applies to claims that clear the no-fault threshold and proceed to court. In a multi-vehicle crash, the court compares the fault percentages of all claimants and defendants. The comparative-negligence reduction applies to non-economic damages (pain and suffering, emotional distress) as well as economic damages (medical costs, lost wages) that fall outside the PIP cap.

Minimum car insurance in Hawaii

Hawaii requires every registered motor-vehicle owner to carry liability insurance and Personal Injury Protection. As of January 1, 2026, the minimum liability limits are 40/80/20: $40,000 bodily injury per person, $80,000 bodily injury per accident (total for all persons hurt), and $20,000 property damage per accident (HRS 431:10C-301; SB2342 CD1). These new limits replaced the longstanding prior minimum of 20/40/10 ($20,000 per person / $40,000 per accident / $10,000 property damage) for all new and renewal policies with effective dates on or after January 1, 2026.

PIP coverage of at least $10,000 per person is also mandatory under HRS 431:10C-103.5 and 431:10C-304. This basic PIP covers accident-related medical and rehabilitative expenses regardless of fault. Basic PIP does not include lost wages or funeral costs, but policyholders may purchase optional endorsements for wage-loss benefits, a death benefit of up to $100,000, and a funeral benefit of up to $2,000.

Uninsured motorist (UM) and underinsured motorist (UIM) coverage are optional under HRS 431:10C-301(b), but your insurer must offer them in writing. You may decline UM/UIM only by signing a written rejection, which becomes presumptive evidence of your decision. After a written rejection, no further offers are required on renewal or replacement policies. UM/UIM limits, if purchased, may be selected up to but not exceeding your bodily-injury liability limits.

Hawaii's no-fault threshold: when you can sue for pain and suffering

The most important concept in a Hawaii car accident claim is the no-fault threshold. Under HRS 431:10C-306(b), you can step outside the no-fault system and bring a tort suit against the at-fault driver for pain and suffering only if you clear one of two gates.

The monetary threshold is met when the personal injury protection benefits incurred by the injured person equal or exceed $5,000 under HRS 431:10C-306(b)(4). The statute counts more than the bills your own PIP insurer pays. Under 431:10C-306(b)(4)(A), the calculation also includes deductibles and copayments paid or incurred, amounts paid by health insurance or other funds on behalf of an injured person who is not entitled to PIP benefits, and similar benefits under social security, workers' compensation, or public assistance laws. Benefits received under optional coverage above the basic PIP limits in HRS 431:10C-103.5 are not counted (HRS 431:10C-306(b)(4)(B)). (An older section, 431:10C-308, once set a separate medical-rehabilitative limit, but it was repealed in 1997.) Because basic PIP is capped at $10,000 per person, reaching $5,000 uses a substantial share of that coverage before you can access the tort system. Once that $5,000 monetary threshold is crossed, you may file a lawsuit for pain and suffering and all other tort damages.

The verbal threshold is met in any of three situations: (1) the injured person dies; (2) there is significant permanent loss of use of a part or function of the body; or (3) there is permanent and serious disfigurement that subjects the injured person to mental or emotional suffering. These categories mirror the serious-injury standards used in other no-fault states. If your injuries are real but do not result in permanent impairment or death, and your medical bills remain below $5,000, you are generally limited to PIP benefits and cannot sue for pain and suffering.

How long you have to file: the statute of limitations

Hawaii gives injured accident victims two years to file a personal-injury lawsuit. Under HRS 657-7, actions for compensation for damage or injury to persons or property must be brought within two years after the cause of action accrued. For most car accident claims, the clock starts running on the date of the crash. Hawaii recognizes a discovery rule that can toll the start of the limitations period if the injury was not reasonably discoverable immediately.

The same two-year period applies to property-damage claims under HRS 657-7. Because Hawaii is a no-fault state, your PIP claim against your own insurer follows contract deadlines rather than HRS 657-7, but the tort claim against the at-fault driver (once you clear the threshold) is still governed by the two-year rule. If a state or county government vehicle or employee was involved in the crash, you may need to file a notice of claim within a shorter period before filing suit in court. Missing the statute of limitations will almost certainly result in your claim being dismissed entirely, so act promptly.

For related deadline information, see our Hawaii statute of limitations page.

What a Hawaii car accident claim is worth

The value of a Hawaii car accident claim depends on the nature and extent of your injuries, whether you can clear the no-fault threshold to access the tort system, and how fault is allocated between the parties. For injuries that do not clear the threshold, your recovery is limited to PIP benefits (up to the $10,000 aggregate PIP limit per person under HRS 431:10C-103.5, plus any optional add-ons you purchased). For injuries that do clear the threshold, you can pursue the full range of tort damages.

Economic damages in a tort claim include all accident-related medical expenses beyond PIP, past and future lost wages, loss of earning capacity, and vehicle repair or replacement costs. Non-economic damages cover pain and suffering, emotional distress, loss of enjoyment of life, and permanent scarring or disability. Under Hawaii's modified comparative negligence rule, any percentage of fault assigned to you reduces your total award by that proportion. Practical recovery is also capped by the at-fault driver's insurance limits, which are 40/80/20 at the minimum as of 2026. In serious-injury cases, your own UM/UIM coverage (if you purchased it) provides an additional layer of protection when the at-fault driver's policy is insufficient.

Use our Hawaii car accident settlement calculator to model potential damages ranges based on injury severity, fault percentage, and available insurance coverage.

What to do after a car accident in Hawaii

The steps you take in the hours and days following a Hawaii crash directly affect your ability to recover full compensation.

Stay safe and call for help. Move to a safe area if you can do so without moving injured persons. Call 911 if anyone is hurt, if there is significant property damage, or if a driver appears impaired. Hawaii law requires drivers involved in accidents involving injury, death, or property damage to report the crash to law enforcement.

Document the scene. Photograph the vehicles, road conditions, traffic controls, skid marks, debris, and any visible injuries before anything is moved. Collect the names, driver's license numbers, and insurance information of all drivers. Speak to independent witnesses and record their contact information before they leave.

Seek medical attention right away. See a doctor even if you feel uninjured initially. Whiplash, soft-tissue injuries, and concussions often do not produce symptoms until hours or days after a crash. A timely medical record ties your injuries to the accident and is critical for both your PIP claim and any future tort lawsuit.

File your PIP claim promptly. Because Hawaii is a no-fault state, you notify your own insurer first and file a PIP claim for your medical and rehabilitation costs. Keep records of all treatment and track the total personal injury protection benefits incurred, including any deductibles and copayments you pay and any accident-related bills covered by health insurance: once that total reaches $5,000, you may be eligible to file a tort lawsuit against the at-fault driver for pain and suffering.

Consult an attorney before accepting a settlement. Insurance adjusters represent the insurer, not you. If you are weighing an offer, have a Hawaii car accident lawyer check, in a free claim review, whether your injuries clear the no-fault threshold (attorney advertising). Most Hawaii car accident attorneys handle cases on a contingency-fee basis, so there is no upfront cost.

For related Hawaii driving laws, see our Hawaii hit-and-run laws page.

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This article is general legal information, not legal advice. Car accident law varies by state and changes, and settlement values depend on the specific facts. For advice about a specific crash, consult a licensed attorney in Hawaii.

Related pages:

• Hawaii Car Accident Settlement Calculator
• Hawaii Hit-and-Run Laws
• Car Accident Laws by State (Hub)
• Hawaii Statute of Limitations

More Hawaii Laws

• Hawaii Dashcam Laws
• Hawaii Hit and Run Laws
• Hawaii Slip and Fall Laws
• Hawaii Statute of Limitations
• Hawaii Workers Compensation Laws

Frequently Asked Questions

Is Hawaii a no-fault state?

Yes. Hawaii is a no-fault state under HRS 431:10C-306. After a crash, your own Personal Injury Protection (PIP) coverage pays your medical and rehabilitation bills up to $10,000 per person regardless of who was at fault. You can only sue the at-fault driver for pain and suffering if you clear a monetary threshold ($5,000 in personal injury protection benefits incurred, a total that also counts deductibles, copayments, and amounts paid by health insurance or similar sources) or a verbal threshold (death, significant permanent loss of a body part or function, or permanent serious disfigurement).

Is Hawaii an at-fault state?

No. Hawaii is a no-fault state, not an at-fault state. Your own PIP insurer is your first source of recovery for medical and rehabilitation costs. Property-damage claims remain as tort claims against the at-fault driver, but bodily-injury pain-and-suffering claims require clearing the no-fault threshold before you can sue.

What is the statute of limitations for a car accident in Hawaii?

Two years from the date the cause of action accrued, under HRS 657-7. For most crashes this means two years from the accident date, subject to Hawaii's discovery rule. Missing this deadline will normally bar your tort claim entirely. If a government entity was involved, a notice of claim may be required within an even shorter period.

Can I still recover if I was partly at fault in Hawaii?

Yes, as long as your share of fault is 50% or less. Hawaii follows modified comparative negligence with a 51% bar under HRS 663-31. Your damages award is reduced by your percentage of fault. If you are found 51% or more at fault, you are completely barred from recovering compensation.

What are the minimum insurance requirements in Hawaii?

As of January 1, 2026, minimum liability limits are 40/80/20: $40,000 bodily injury per person, $80,000 per accident, and $20,000 property damage (HRS 431:10C-301; SB2342 CD1). Mandatory PIP of $10,000 per person is also required (HRS 431:10C-103.5 / 431:10C-304). Uninsured/underinsured motorist coverage is optional but must be offered in writing.

How much is my Hawaii car accident claim worth?

For injuries below the no-fault threshold, recovery is limited to PIP benefits (up to the $10,000 aggregate PIP limit per person, plus optional wage-loss and death add-ons). For injuries that clear the $5,000 monetary threshold or a verbal threshold, you can pursue full tort damages including pain and suffering, lost wages, and future medical costs. Your award is reduced by any percentage of fault assigned to you. Use our Hawaii car accident settlement calculator for a personalized estimate.

What is the no-fault threshold in Hawaii?

Under HRS 431:10C-306(b), you may step outside no-fault and sue for pain and suffering if you meet either: (1) the monetary threshold, meaning the personal injury protection benefits incurred reach $5,000 under HRS 431:10C-306(b)(4), a total that also includes deductibles, copayments, and amounts paid by health insurance, social security, workers' compensation, or public assistance; or (2) the verbal threshold, meaning you suffered death, significant permanent loss of use of a body part or function, or permanent and serious disfigurement causing mental or emotional suffering.