What to do after a car accident in Hawaii

A crash on the H-1 or a low-speed bump in a Kailua parking lot raises the same worries: who pays, and how long you have to act. Hawaii answers several of those questions differently from most states. It runs a no-fault insurance system and raised its minimum coverage limits in 2026. And because there is no state highway patrol, your crash report goes through county police. Here is what applies in Hawaii specifically.

Report the crash to the right agency

Hawaii law makes you notify police right away after a serious crash. Under Haw. Rev. Stat. § 291C-16, if a collision injures or kills anyone, or causes property damage that looks like $3,000 or more, the driver must "immediately by the quickest means of communication" give notice to the nearest police office.¹ Repair costs being what they are, most crashes clear that $3,000 line, so when in doubt, make the call.

Who responds depends on the island. Hawaii has no state highway patrol, so your report comes from the county police department where the crash happened, whether that is the Honolulu Police Department on Oahu, the Hawaii Police Department on the Big Island, the Maui Police Department, or the Kauai Police Department.² When you need to pull the report later, we walk through it on our Hawaii crash report page.

Your own insurance pays first

Hawaii is a no-fault state. Your own auto policy carries personal injury protection, known as PIP, and it pays your medical and rehabilitative bills after a crash no matter who was at fault.³ Every policy has to include at least $10,000 in PIP benefits per person under Haw. Rev. Stat. § 431:10C-103.5.⁴ The coverage applies without any fight over fault, which is the whole idea: your bills get paid while liability gets sorted out.

The insurer cannot sit on the money. Under Haw. Rev. Stat. § 431:10C-304, PIP benefits are due within 30 days after the company receives reasonable proof of the loss and a demand for payment, and anything paid late carries interest at 1.5% per month.⁵ Keep copies of what you send and write down the dates, because that clock has teeth.

When you can step outside no-fault and sue

No-fault does not mean you can never sue the driver who hit you. Haw. Rev. Stat. § 431:10C-306 lets you bring an ordinary injury claim once you cross a threshold. You qualify if the crash caused death, a significant permanent loss of use of part or function of the body, or a permanent and serious disfigurement, or once the PIP benefits paid or payable for your injuries reach $5,000.⁶ Stay below that line and your recovery stays inside the no-fault system.

The deadline is two years, for injuries and for your car

Hawaii gives you two years to file suit. Haw. Rev. Stat. § 657-7 says actions "for the recovery of compensation for damage or injury to persons or property shall be instituted within two years after the cause of action accrued, and not after."⁷ That single two-year window covers both your bodily injury claim and the damage to your vehicle, so property damage does not get a separate, longer clock. Miss the date and the court will dismiss the case no matter how strong it is.

Fault, and how much of it can be yours

Hawaii uses modified comparative negligence. Under Haw. Rev. Stat. § 663-31 you can still recover when you were partly to blame, with your award reduced by your share of the fault, but you are barred completely once your negligence is "greater than" the combined negligence of everyone you are suing.⁸ Put simply, at 50% fault you collect a reduced amount, and at 51% you get nothing.

One thing Hawaii does not do is cap your damages in a car-accident case. The state has a $375,000 limit on pain-and-suffering awards under Haw. Rev. Stat. § 663-8.7, but that statute says the cap does not apply to the tort actions listed in § 663-10.9(2), and motor vehicle accident torts are on that list.⁹ There is no dollar ceiling on pain and suffering in a normal Hawaii crash claim.

If a drunk driver hit you, two extra points are worth knowing. Hawaii recognizes dram shop liability, so a bar or other licensee that serves a visibly intoxicated patron or a minor who then causes a crash can share responsibility, because serving them violates the state liquor law under Haw. Rev. Stat. § 281-78.¹⁰ The Hawaii Supreme Court confirmed this in Ono v. Applegate, holding that someone injured by a drunk driver can recover from the tavern that kept serving the driver.¹¹ Punitive damages are also on the table where clear and convincing evidence shows the driver acted wantonly or with conscious indifference to the consequences, the standard set in Masaki v. General Motors Corp.¹²

Insurance minimums went up in 2026

If you are dealing with the at-fault driver's liability coverage, know that Hawaii raised its minimums. As of January 1, 2026, under Act 138 of 2024, the required limits are $40,000 per person and $80,000 per accident for bodily injury, plus $20,000 for property damage, under Haw. Rev. Stat. § 431:10C-301.¹³ The old floor was 20/40/10, so older policies are being brought up to the new numbers at renewal.

Even the new limits may fall short if the other driver is uninsured or badly underinsured. Insurers in Hawaii have to offer uninsured and underinsured motorist coverage up to your bodily injury limits, but you can reject it in writing, and once you sign that rejection the company does not have to keep offering it.¹³ Pull your own declarations page. If you turned UM and UIM down years ago, adding it back is worth a look.

A note on distracted driving

If the other driver was on a phone, that can matter to fault. Hawaii bans holding and using a mobile electronic device while driving, and it is a primary offense, meaning police can stop you for it alone. Drivers under 18 cannot use a device at all while driving, even hands-free, except to call 911. The fine is $300, or $400 in a school or construction zone, under Haw. Rev. Stat. § 291C-137.¹⁴ A citation noted in the crash report can be useful evidence.

Your vehicle and its lost value

PIP does not touch your car. Property damage runs through fault-based liability against the other driver. Even after a clean repair, a vehicle with a wreck on its history often sells for less than one without, and Hawaii's two-year deadline covers that loss too. We explain how to document and claim it on our Hawaii diminished value page.

Getting help

You do not need a lawyer for every fender-bender, but the thresholds above are exactly where good advice pays for itself, like whether your injuries clear the § 431:10C-306 line or whether a low settlement offer really covers your losses. To talk with a Hawaii attorney, start with our legal directory.

This article is general information, not legal advice.

Sources

1. Haw. Rev. Stat. § 291C-16, Immediate notice of accident. https://data.capitol.hawaii.gov/hrscurrent/vol05_ch0261-0319/HRS0291C/HRS_0291C-0016.htm

2. Honolulu Police Department, Police Reports. https://www.honolulupd.org/police-reports/

3. Hawaii Department of Commerce and Consumer Affairs, Insurance Division, Motor Vehicle Insurance Information. https://cca.hawaii.gov/ins/consumers-mvi/

4. Haw. Rev. Stat. § 431:10C-103.5. https://data.capitol.hawaii.gov/hrscurrent/Vol09_Ch0431-0435H/HRS0431/HRS_0431-0010C-0103_0005.htm

5. Haw. Rev. Stat. § 431:10C-304. https://data.capitol.hawaii.gov/hrscurrent/Vol09_Ch0431-0435H/HRS0431/HRS_0431-0010C-0304.htm

6. Haw. Rev. Stat. § 431:10C-306. https://data.capitol.hawaii.gov/hrscurrent/Vol09_Ch0431-0435H/HRS0431/HRS_0431-0010C-0306.htm

7. Haw. Rev. Stat. § 657-7. https://data.capitol.hawaii.gov/hrscurrent/Vol13_Ch0601-0676/HRS0657/HRS_0657-0007.htm

8. Haw. Rev. Stat. § 663-31. https://data.capitol.hawaii.gov/hrscurrent/Vol13_Ch0601-0676/HRS0663/HRS_0663-0031.htm

9. Haw. Rev. Stat. §§ 663-8.7 and 663-10.9(2). https://data.capitol.hawaii.gov/hrscurrent/Vol13_Ch0601-0676/HRS0663/HRS_0663-0008_0007.htm

10. Haw. Rev. Stat. § 281-78. https://data.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0281/HRS_0281-0078.htm

11. Ono v. Applegate, 62 Haw. 131, 612 P.2d 533 (1980). https://law.justia.com/cases/hawaii/supreme-court/1980/5975-2.html

12. Masaki v. General Motors Corp., 71 Haw. 1, 780 P.2d 566 (1989). https://law.justia.com/cases/hawaii/supreme-court/1989/13023-2.html

13. Haw. Rev. Stat. § 431:10C-301, as amended by 2024 Act 138. https://data.capitol.hawaii.gov/hrscurrent/Vol09_Ch0431-0435H/HRS0431/HRS_0431-0010C-0301.htm

14. Haw. Rev. Stat. § 291C-137. https://data.capitol.hawaii.gov/hrscurrent/vol05_ch0261-0319/HRS0291C/HRS_0291C-0137.htm